This Act may be cited as the New Zealand Railways Corporation Amendment Act 1987, and shall be read together with and deemed part of the New Zealand Railways Corporation Act 1981 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the 1st day of August 1987.

2 Interpretation

(1)

Section 2(1) of the principal Act is hereby amended by inserting in the definition of the term “Service organisation membership clause” (as inserted by section 2(3) of the New Zealand Railways Corporation Amendment Act 1985), after the words “Industrial Relations Act 1973, the words “or under section 95 of the Labour Relations Act 1987”.

(2)

Section 2(1) of the principal Act is hereby further amended by repealing the definition of the term “Union Membership Exemption Tribunal” (as added by section 2(5) of the New Zealand Railways Corporation Amendment Act 1985), and substituting the following definition:

“Union Membership Exemption Tribunal’ means the Union Membership Exemption Tribunal established by section 73 of the Labour Relations Act 1987.”

3 Carriage of passengers and goods by water

(1)

Section 17(1) of the principal Act is hereby amended by repealing paragraphs (b) and (c), and substituting the following paragraphs:

“(b)

To enter into any agreement under the Labour Relations Act 1987 with any union or association of workers registered under that Act and employed in connection with the carriage of passengers or goods by water, and to be a party to any conciliation proceedings under that Act, and to be bound by any award or agreement made under that Act to which any such union or association is a party:

“(c)

To enter into any agreement with any individual workers or any society of workers employed in connection with such carriage of passengers or goods by water who are not bound by any such award or agreement or covered by the membership rule of a union registered under the Labour Relations Act 1987:”.

(2)

Section 17 of the principal Act is hereby further amended by repealing subsections (2) and (3), and substituting the following subsection:

“(2)

Nothing in Part VII of this Act, or in the State Services Conditions of Employment Act 1977, shall apply with respect to any master, officer, or seaman who is employed pursuant to this section, or with respect to any application for such employment made by any employee to whom the said Part VII applies.”

4 Application of State Services Conditions of Employment Act 1977

Section 68 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

For the purposes of the application of the State Services Conditions of Employment Act 1977, the Corporation shall be the employing authority.”

5 Labour Relations Act 1987 not to apply

The principal Act is hereby amended by repealing section 70, and substituting the following section:

“70

Except as provided in section 17 of this Act and in the State Services Conditions of Employment Act 1977, nothing in the Labour Relations Act 1987 shall apply to the Corporation or employees of the Corporation.”

6 Obligatory rules concerning service organisation membership clauses

Section 74b(1) of the principal Act (as inserted by section 3 of the New Zealand Railways Corporation Amendment Act 1985) is hereby amended by omitting from the clause relating to restoration and initial ballots (which is set out in that section) the words “form 1 in Schedule 1b to the Industrial Relations Act 1973” wherever they appear, and substituting in each case the words “form prescribed for the purposes of rule 6 in the Fourth Schedule to the Labour Relations Act 1987”.

7 Form of application for special vote

Section 74b(1) of the principal Act (as inserted by section 3 of the New Zealand Railways Corporation Amendment Act 1985) is hereby amended by omitting the clause relating to form of application for special vote (which clause is set out in that section), and substituting the following clause:

“‘Form of application for special vote

Every application for a special vote shall be in the form prescribed under section 110(1a) of the New Zealand Railways Corporation Act 1981, which form shall set out the grounds on which the applicant requests a special vote.’”

8 New sections substituted

The principal Act is hereby amended by repealing sections 74h and 74i (as inserted by section 3 of the New Zealand Railways Corporation Amendment Act 1985), and substituting the following sections:

“74h Notice to Registrar

“(1)

Where a service organisation intends to conduct a ballot pursuant to the rules included, or deemed to be included, by section 83b of this Act in its rules, the committee of management of the service organisation shall, at least 30 days before the day on which the special meeting or the first of the series of special meetings required is held, give or post to the Registrar of Unions written notice of that intention in the form prescribed for the purposes of section 65(a) of the Labour Relations Act 1987, which notice shall state, among other things, the date, time, and place of each special meeting.

“(2)

For the purposes of this section, the form prescribed for the purposes of section 65(a) of the Labour Relations Act 1987 shall, subject to subsection (3) of this section, apply with all necessary modifications.

“(3)

Notwithstanding anything in subsection (1) or subsection (2) of this section, regulations made under section 110(1a) of this Act may prescribe a form (based on the form prescribed for the purposes of section 65(a) of the Labour Relations Act 1987) that shall apply for the purposes of subsection (1) of this section in the place of that form.

“74i Conduct of ballot

“(1)

Every ballot conducted pursuant to the rules included, or deemed to be included, by section 83b of this Act in the rules of a service organisation shall be conducted by the service organisation under the supervision of the Registrar of Unions, or of some person, being an officer of the Department of Labour, designated by the Registrar to supervise that ballot.

“(2)

The ballot paper shall be in the form prescribed for the purposes of section 66(2) of the Labour Relations Act 1987.

“(3)

The Returning Officer shall, at the conclusion of the special meeting or, where there is a series of special meetings, at the conclusion of that series, prepare, and make available to the Registrar and to any voter or other interested person, a record showing—

“(a)

The number of votes in favour of the service organisation membership clause:

“(b)

The number of votes against the service organisation membership clause:

“(c)

The number of informal votes.

“(4)

The Registrar of Unions shall issue a certificate showing the result of the ballot, which certificate shall be in the form prescribed for the purposes of section 67 of the Labour Relations Act 1987, and shall supply one copy of that certificate to the Commission and another to the service organisation. Every such certificate shall be conclusive evidence of the result of the ballot.

“(5)

The expenses incurred by the Registrar of Unions or designated person in connection with the conduct of every such ballot shall be paid out of money to be appropriated by Parliament for the purpose.

“(6)

Notwithstanding anything in the rules of the service organisation, the Registrar of Unions or designated person may take such action and give such directions as the Registrar of Unions or designated person considers necessary to prevent the occurrence of any irregularity in or in connection with the ballot.

“(7)

In this section the term ‘designated person’ means any person designated under subsection (1) of this section to supervise the ballot on behalf of the Registrar of Unions.

“(8)

For the purposes of this section, the forms prescribed for the purposes of sections 66(2) and 67 of the Labour Relations Act 1987 shall, subject to subsection (9) of this section, apply with all necessary modifications.

“(9)

Notwithstanding anything in subsections (2), (4), and (8) of this section, regulations made under section 110(1a) of this Act may prescribe forms (based on the forms prescribed for the purposes of sections 66(2) and 67 of the Labour Relations Act 1987) that shall apply for the purposes of subsections (2), (4), and (8) of this section in the place of those forms.”

9 Applications for inquiries

(1)

Section 74l of the principal Act (as inserted by section 3 of the New Zealand Railways Corporation Amendment Act 1985) is hereby amended by omitting from subsection (1) the words “Registrar of Industrial Unions”, and substituting the words “Registrar of the Labour Court”.

(2)

The said section 74l is hereby further amended by repealing paragraphs (a) and (b) of subsection (2), and substituting the following paragraphs:

“(a)

Be in writing in the prescribed form:

“(b)

Be lodged with the Registrar of the Labour Court:”.

(2)

The said section 83l is hereby further amended by repealing subsections (3) and (4).

10 Inquiries into ballots

The principal Act is hereby amended by repealing section 74m (as inserted by section 3 of the New Zealand Railways Corporation Amendment Act 1985), and substituting the following section:

“74m

Every application under section 74l of this Act shall be dealt with by the Registrar of the Labour Court as if it were an application under section 112 of the Labour Relations Act 1987; and the provisions of sections 113 to 117 of that Act shall, with all necessary modifications, apply accordingly.”

11 Enforcement of service organisation membership clauses

Section 74o of the principal Act (as inserted by section 3 of the New Zealand Railways Corporation Amendment Act 1985) is hereby amended by repealing subsections (2) to (6), and substituting the following subsections:

“(2)

The Labour Court established under the Labour Relations Act 1987 shall have full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this section.

“(3)

For the purposes of this section, every reference to the Labour Court established under the Labour Relations Act 1987 shall be read as a reference to a Judge of that Court acting alone.

“(4)

A penalty recoverable under this section shall be recovered in the same manner, with all necessary modifications, as a penalty for a breach of the Labour Relations Act 1987; and sections 201, 203, 204, and 205 of that Act (except subsection (1) of section 201) shall, with all necessary modifications, apply accordingly.

“(5)

An action for the recovery of a penalty under this section may be brought only by the service organisation.

“(6)

The Labour Court may delegate to any District Court Judge named by it its powers and functions to deal with an action under this section; and the provisions of section 292 of the Labour Relations Act 1987 (except those of subsection (6)) shall, with all necessary modifications, apply accordingly.”

12 Application for exemption from membership of service organisation

Section 74p of the principal Act (as inserted by section 3 of the New Zealand Railways Corporation Amendment Act 1985) is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

The Union Membership Exemption Tribunal shall have, in addition to its other functions, the function of considering and determining every application made under subsection (1) of this section; and the provisions of sections 79, 83 to 89, and 91 to 97 of the Labour Relations Act 1987 shall, with all necessary modifications, apply accordingly.”

13 Discrimination

Section 74r of the principal Act (as inserted by section 3 of the New Zealand Railways Corporation Amendment Act 1985) is hereby amended by repealing subsections (4) to (6), and substituting the following subsections:

“(4)

The Labour Court established under the Labour Relations Act 1987 shall have full and exclusive jurisdiction to deal with all actions for the recovery of penalties under this section.

“(5)

For the purposes of this section, every reference to the Labour Court established under the Labour Relations Act 1987 shall be read as a reference to a Judge of that Court acting alone.

“(6)

This Act is administered in the New Zealand Railways Corporation.