Trade Unions Act 1940

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act for the registration and control of the trade unions.

[1 July 1941]

PART 1

PRELIMINARY

Short title

1. This Act is the Trade Unions Act 1940.

Interpretation

2. In this Act, unless the context otherwise requires —

“combined federation” means a federation comprising 2 or more trade unions and one or more platform work associations;

[Act 30 of 2024 wef 01/01/2025]

“delegate” means —

(a)	in relation to a trade union which is not a federation, a person who is elected or appointed in accordance with the rules of the trade union to attend and vote at a meeting of the trade union on behalf of any number of members of the trade union; or
(b)	in relation to a federation, a person elected or appointed in accordance with the rules of the federation to attend and vote at a meeting of the federation on behalf of any of the constituent trade unions or, in the case of a combined federation, any constituent trade union or constituent platform work association of the federation; [Act 30 of 2024 wef 01/01/2025]

“employer” includes the Government in respect of such employees or of such categories, classes or descriptions of such employees as from time to time are declared by the President by notification in the Gazette to be deemed to be workmen for the purposes of this Act;

“executive” means the body, by whatever name called, to which the management of the affairs of a trade union or of any branch thereof is entrusted;

“executive employee”, in relation to an employer, means an employee who is employed in a managerial or an executive position by the employer;

“federation” means a federation of 2 or more trade unions, and includes a combined federation;

[Act 30 of 2024 wef 01/01/2025]

“lockout” means the closing of a place of employment or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him in consequence of a dispute, done with a view to compelling those persons, or to aid another employer in compelling persons employed by him, to accept terms or conditions of or affecting employment;

“non‑executive employee”, in relation to an employer, means an employee other than an executive employee;

“officer”, in relation to a trade union, includes any member of the executive thereof and any member of any committee, provision for which is made in the rules of the trade union, but does not include an auditor;

“platform service” has the meaning given by section 3 of the Platform Workers Act 2024;

[Act 30 of 2024 wef 01/01/2025]

“platform work association” has the meaning given by section 19 of the Platform Workers Act 2024;

[Act 30 of 2024 wef 01/01/2025]

“platform worker” has the meaning given by section 5(1) of the Platform Workers Act 2024;

[Act 30 of 2024 wef 01/01/2025]

“register” means the register of trade unions maintained by the Registrar under section 7;

“registered office” means the office of a trade union which is registered under this Act as the head office of the trade union;

“registered platform work association” means a platform work association registered under the Platform Workers Act 2024;

[Act 30 of 2024 wef 01/01/2025]

“registered trade union” means a trade union registered under this Act;

“Registrar” means the person for the time being appointed by the Minister under section 3 by name or by office to be or to act as Registrar of Trade Unions, and includes any person appointed by the Minister under section 4 to be or to act as an Assistant Registrar of Trade Unions;

“requisite consent” —

(a)

in relation to a trade union which is not a federation, means the consent, obtained by secret ballot, of —

(i)	the majority of the members of the trade union voting on their own behalf on the matter for which consent is sought; or
(ii)	where the rules of the trade union allow or require a decision on that matter to be taken by means of voting by delegates and the decision is taken using that means, two-thirds of the total number of delegates representing the members; or

(b)

in relation to a federation, means the consent, obtained by secret ballot, of two-thirds of the total number of delegates representing the constituent trade unions and, in the case of a combined federation, also the constituent platform work associations of the federation;

[Act 30 of 2024 wef 01/01/2025]

“strike” means the cessation of work by a body of workmen employed in any trade, industry or calling acting in combination, or a concerted refusal, or a refusal under a common understanding of any number of workmen who are or have been so employed to continue to work or to accept employment;

“trade dispute” means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of work, of any person;

“trade union” means any association or combination of workmen or employers, whether temporary or permanent, whose principal object is to regulate relations between workmen and employers for all or any of the following purposes:

(a)	to promote good industrial relations between workmen and employers;
(b)	to improve the working conditions of workmen or enhance their economic and social status;
(c)	to achieve the raising of productivity for the benefit of workmen, employers and the economy of Singapore,

and includes any federation;

“workman” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether the contract is for manual labour, clerical work or otherwise, is express or implied, oral or in writing.

[1/2015]

PART 2

APPOINTMENT OF REGISTRAR AND OTHER OFFICERS

Appointment of Registrar

3. The Minister shall appoint a Registrar of Trade Unions who shall be responsible for the due performance of the duties and functions assigned to him as Registrar under this Act.

Appointment of Assistant Registrars and other officers

4. The Minister may appoint one or more Assistant Registrars of Trade Unions and such other officers as may from time to time be required for the purposes of this Act.

All officers to be deemed to be public servants

5. All officers appointed under sections 3 and 4 shall be deemed to be public servants for the purposes of the Penal Code 1871.

Protection of public servants

6. No suit shall lie against any public servant for anything done or omitted to be done by him in good faith without negligence and in intended exercise of any power or performance of any duty provided or imposed by this Act.

PART 3

REGISTRATION

7.—(1) The Registrar shall keep and maintain a register of trade unions which shall contain such particulars of each registered trade union as may be prescribed.

(2) The register may be kept in whole or in part in an electronic form.

(3) The Registrar may require an officer or member of a registered trade union to produce such document or provide such information as the Registrar may require for the purposes of maintaining the register.

(4) The Registrar may order the destruction of any document in the registry after the document has been microfilmed or converted to electronic form.

(5) A certified copy of any entry in the register shall be conclusive proof of the facts specified therein as on the date of such certified copy.

Necessity for registration

8.—(1) Every trade union shall apply to be registered under this Act within a period of one month reckoned from the date on which it is so established.

(2) The Registrar may, if he thinks fit, from time to time, grant an extension of the period specified in subsection (1), provided that no such period shall, in any particular case, be so extended as to exceed a period of 6 months in the aggregate.

(3) For the purposes of this Act, a trade union is established on the first date on which any workmen or employers agree to become or to create an association or combination for the furtherance of any one or more of the objects specified in the definition of a trade union in section 2.

(4) For the purpose of prosecuting any trade union which fails to apply for registration in accordance with this section, the date of establishment of that trade union shall, in the absence of proof of the date referred to in subsection (3), be deemed to be —

(a)	the date on which any person is proved to have been accepted or admitted as a member of that trade union; or
(b)	the date on which any act is proved to have been done by that trade union in furtherance of any one or more of the objects specified in the definition of a trade union in section 2.

(5) Where proof is available of both the dates referred to in subsection (4)(a) and (b), the earlier of such dates shall be deemed so to be the date of the establishment of that trade union.

Application for registration

9.—(1) Every application for registration of any association or combination of workmen or employers as a trade union shall be made to the Registrar in the prescribed form and shall be signed by at least 7 members of the trade union, any of whom may be officers thereof.

(2) Every application shall be made in the prescribed form and shall be accompanied by —

(a)	the prescribed fee;
(b)	a copy of the rules of the trade union; and
(c)	a statement of the prescribed particulars of the members making the application and the officers of the trade union.

Registration

10.—(1) If the Registrar is satisfied —

(a)	that a trade union applying for registration has complied with the provisions of this Act;
(b)	that the objects, rules and constitution of the trade union do not conflict with any of such provisions and are not unlawful and that such rules and constitution are not oppressive or unreasonable;
(c)	that the trade union is not likely to be used for unlawful purposes or for purposes inconsistent with its objects and rules; and
(d)	that, where the trade union is an association or combination of workmen in a particular trade, occupation or industry, it is not likely to be used against the interests of the workmen in that particular trade, occupation or industry,

the Registrar may register the trade union in the prescribed manner.

(1A) Where a federation applies for registration, the Registrar may register the federation if the Registrar is satisfied that, in addition to the matters in subsection (1), the federation is not likely to be used against the interests of —

(a)	the workmen in any trade, occupation or industry with which any constituent trade union is connected; and
(b)	in the case of a combined federation, also the platform workers providing any platform service with which any constituent platform work association is connected. [Act 30 of 2024 wef 01/01/2025]

(2) Notwithstanding subsection (1) or (1A), if any one of the objects of a trade union is unlawful, the registration of the trade union shall be void.

[Act 30 of 2024 wef 01/01/2025]

Certificate of registration

11. The Registrar, on registering a trade union under section 10, shall issue to the trade union a certificate of registration in the prescribed form and that certificate, unless proved to have been cancelled or withdrawn, shall be conclusive evidence for all purposes that the trade union has been duly registered under this Act.

Power of Registrar to call for further particulars

12. The Registrar may call for further information for the purpose of satisfying himself that any application complies with section 9 or that the trade union is entitled to registration under this Act.

Power of Registrar to require alteration of name

13.—(1) If the name under which a trade union is proposed to be registered is identical with that by which any other existing trade union has been registered or, in the opinion of the Registrar, so nearly resembles that name as to be likely to deceive or mislead the public or the members of either trade union, the Registrar shall require the persons applying for registration to alter the name of the trade union stated in the application.

(2) The Registrar shall refuse to register the trade union until the alteration has been made.

Refusal of registration

14.—(1) The Registrar may refuse to register any trade union if he is —

(a)	not satisfied that the trade union has complied with the provisions of this Act;
(b)	of the opinion that any one of the objects or rules or the constitution of the trade union is unlawful or conflicts with any provision of this Act;
(c)	of the opinion that the constitution or any of the rules of the trade union is oppressive or unreasonable;
(d)	of the opinion that the trade union is likely to be used for unlawful purposes or purposes inconsistent with its objects and rules;
(e)	of the opinion, where the trade union is an association or combination of workmen in a particular trade, occupation or industry, that the trade union is likely to be used against the interests of the workmen in that particular trade, occupation or industry; or
(f)	satisfied, where the trade union is an association or combination of workmen in a particular trade, occupation or industry, that there is an existing trade union registered in respect of that particular trade, occupation or industry. [Act 30 of 2024 wef 01/01/2025]

(2) In addition to subsection (1), the Registrar may refuse to register any federation if the Registrar —

(a)

is of the opinion that the federation is likely to be used against the interests of —

(i)	the workmen in any trade, occupation or industry with which any constituent trade union is connected; or
(ii)	where the applicant is a combined federation, the workmen mentioned in sub-paragraph (i) or the platform workers providing any platform service with which any constituent platform work association is connected or both; or

(b)

is satisfied that there is an existing federation registered that comprises —

(i)	one or more trade unions in respect of the workmen in a particular trade, occupation or industry with which any constituent trade union of the applicant is connected; or
(ii)	where the applicant is a combined federation, also one or more platform work associations in respect of the platform workers providing a particular platform service with which any constituent platform work association of the applicant is connected. [Act 30 of 2024 wef 01/01/2025]

Cancellation or withdrawal of registration

15.—(1) A certificate of registration of a trade union may be withdrawn or cancelled by the Registrar —

(a)

at the request of the trade union upon its dissolution to be verified in such manner as the Registrar may require;

(b)

if he is satisfied —

(i)

that the certificate of registration was obtained by fraud or mistake;

(ii)

that any one of the objects or rules of the trade union is unlawful;

(iii)

that the constitution of the trade union or of its executive is unlawful;

(iv)

that the trade union is being used for any unlawful purpose or for any purpose inconsistent with its objects and rules;

(v)

that the trade union has rescinded any rule providing for any matter for which provision is required by section 38 or has wilfully and after notice from the Registrar —

(A)	contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with that provision; or
(B)	allowed any rule to continue in force which is in the opinion of the Registrar oppressive or unreasonable;

(vi)

that the funds of the trade union are expended in an unlawful manner or on an unlawful object or on an object not authorised by the rules of the trade union; or

(vii)

that the trade union has ceased to exist;

(c)

if he is satisfied in the case of a trade union of workmen in a particular trade, occupation or industry, that it is being used or is likely to be used against the interests of workmen in that particular trade, occupation or industry; or

(d)

if he is of the opinion in the case of a trade union of workmen in a particular trade, occupation or industry and having regard to the existence of another trade union or other trade unions of workmen in the same trade, occupation or industry that it is necessary in the interests of the workmen in that particular trade, occupation or industry, to cancel or withdraw the certificate of registration of the trade union.

(1A) In addition to subsection (1), a certificate of registration of a federation may be cancelled or withdrawn by the Registrar if the Registrar —

(a)

is of the opinion that the federation is being used or is likely to be used against the interests of —

(i)	the workmen in any trade, occupation or industry with which any constituent trade union is connected; or
(ii)	in the case of a combined federation, the workmen mentioned in sub-paragraph (i) or the platform workers providing any platform service with which any constituent platform work association is connected or both; or

(b)

having regard to the matters in subsection (1B), is of the opinion that it is necessary in the interests of the persons mentioned in subsection (1B)(a)(i) or (ii) to cancel or withdraw the certificate of registration of the combined federation.

[Act 30 of 2024 wef 01/01/2025]

(1B) The matters mentioned in subsection (1A)(b) are the following:

(a)

that a federation comprises —

(i)	one or more trade unions in respect of the workmen in a particular trade, occupation or industry; and
(ii)	in the case of a combined federation, also one or more platform work associations in respect of the platform workers providing a particular platform service;

(b)

the existence of any other federation which comprises —

(i)	one or more trade unions in respect of the workmen in the same trade, occupation or industry mentioned in paragraph (a)(i); or
(ii)	in the case of a combined federation, also one or more platform work associations in respect of the platform workers providing the same platform service mentioned in paragraph (a)(ii). [Act 30 of 2024 wef 01/01/2025]

(2) Except in a case falling within subsection (1)(a), not less than 2 months previous notice in writing specifying the ground on which it is proposed to withdraw or to cancel its certificate of registration shall be given by the Registrar to a trade union before the certificate is withdrawn or cancelled.

(3) A trade union served with a notice under subsection (2) may, at any time within a period of 2 months reckoned from the date of the notice, show cause in writing against the proposal to withdraw or to cancel its certificate of registration, as the case may be.

(4) If such cause under subsection (3) is shown, the Registrar may hold such inquiry as he may consider necessary in the circumstances.

(5) The Registrar may, after the expiration of the period of 2 months referred to in subsection (3), withdraw or cancel the certificate of registration of any trade union which has failed duly to show cause under that subsection, or which, having so shown cause, has failed to satisfy him that its certificate of registration should not be withdrawn or cancelled, as the case may be.

(6) An order made by the Registrar under this section withdrawing or cancelling the certificate of registration of any trade union —

(a)	shall be dated as of the date on which it was made;
(b)	shall specify briefly the grounds for the withdrawal or cancellation of the certificate of registration; and
(c)	shall immediately be served on the trade union.

Power to stop payment of money held by financial institution

16.—(1) Where a notice has been given by the Registrar to a trade union under section 15(2), the Minister may, if he is satisfied that it is likely that the funds of the trade union may be misused, by notice in writing direct any financial institution not to pay or cause to be paid any money out of or honour any cheque drawn on the account of the trade union for a specified period not exceeding 3 months, except with the written authorisation of the Registrar.

(2) Where an investigation is being conducted by a public authority regarding the improper use or misapplication of the funds of a trade union, the Minister may by notice in writing direct any financial institution not to pay or cause to be paid any money out of or honour any cheque drawn on the account of the trade union for a specified period not exceeding 3 months, except with the written authorisation of the Registrar.

(3) A financial institution which complies with a notice of the Minister under subsection (1) or (2) shall be relieved of any liability to any other person in respect of the payment prohibited by the notice.

(4) Any financial institution which fails to comply with a notice of the Minister under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.

(5) Where an offence under subsection (4) is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, secretary, manager, accountant, sub-accountant or other similar officer of a financial institution, or a person who was purporting to act in such capacity, he as well as the financial institution shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(6) In this section —

“financial institution” means a bank, a finance company, or any co‑operative society carrying on the business of managing and investing funds;

“public authority” means the Registrar, the Commissioner of Police, the Commissioner of Inland Revenue and the Director of the Corrupt Practices Investigation Bureau.

Appeal to Minister

17. Any person aggrieved —

(a)	by the refusal of the Registrar to register a trade union;
(b)	by an order made by the Registrar under section 15; or
(c)	by the refusal of the Registrar to register a new rule or any alteration of any rule under section 38,

may appeal against the refusal or order to the Minister at any time within a period of 30 days reckoned from the date of the refusal or order.

Procedure on appeal

18.—(1) Any appeal to the Minister under section 17 shall be presented, considered and disposed of in such manner and in such form as may be prescribed.

(2) It shall be competent for the Minister after considering any such appeal to —

(a)	confirm any refusal of registration or other order of the Registrar;
(b)	order the registration of any trade union;
(c)	order the registration of any new rule or alteration of any rule;
(d)	reverse any order made by the Registrar; or
(e)	make such order or give such direction as to the Minister seems just or necessary.

(3) The decision of the Minister on an appeal under section 17 shall be final and shall not be called in question in any court.

Consequences of failure to register or of cancellation of registration

19. If any trade union does not apply for registration in due time, or if the registration of any trade union is refused, withdrawn or cancelled, then —

(a)	the trade union shall be deemed to be an unlawful association and shall cease to enjoy any of the rights, immunities or privileges of a registered trade union, but without prejudice to any liabilities incurred or to be incurred by the trade union which may be enforced against the trade union and its assets;
(b)	the trade union shall not, nor shall any of its officers, members or agents on behalf of the trade union, take part in any trade dispute or promote, organise or finance any strike or lockout, or provide pay or other benefits for its members during a strike or lockout;
(c)	the trade union shall be dissolved; and
(d)	no person shall, except for the purpose of defending proceedings against the trade union or dissolving the trade union and disposing of its funds in accordance with the rules, take any part in its management or organisation, or act or purport to act on behalf of the trade union or as an officer of the trade union.

Consequences upon dissolution of trade union

20.—(1) Upon the dissolution of a trade union under section 19 —

(a)

the property of the trade union shall immediately vest in the Official Receiver; and

(b)

the Official Receiver shall proceed to wind up the affairs of the trade union and after satisfying and providing for all debts and liabilities of the trade union and the costs of winding up shall pay the surplus assets, if any, of the trade union —

(i)	where the Minister so directs, into the Workers’ Fund as defined in the Work Injury Compensation Act 2019; or
(ii)	in the absence of a direction from the Minister, in accordance with the rules of the trade union. [5/2008; 27/2019]

(2) Where no direction is given by the Minister under subsection (1)(b)(i) and the surplus assets or part thereof cannot be distributed in accordance with the rules of the trade union either because the members cannot be found, or no meeting of the members is possible or for any other good and sufficient reason, the surplus assets shall be paid into the Workers’ Fund.

(3) For the purpose of winding up the affairs of the trade union, the Official Receiver shall have all the powers vested in the Official Receiver under the Insolvency, Restructuring and Dissolution Act 2018 for the purpose of discovery of the property of a debtor, the realisation thereof and the winding up of a company, and the provisions of that Act shall apply, with the necessary modifications, to the winding up of the affairs of a trade union under this Act.

[40/2018]

PART 4

RIGHTS AND LIABILITIES OF TRADE UNIONS

Disabilities of unregistered trade union

21. A trade union shall not enjoy any of the rights, immunities or privileges of a registered trade union until it is registered.

Immunity from civil suit in certain cases

22.—(1) No suit or other legal proceedings shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute to which a member of the trade union is a party on the ground only that —

(a)	the act induces some other person to break a contract of employment; or
(b)	it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills. [Act 30 of 2024 wef 01/01/2025]

(2) Subsection (1) does not apply to any registered trade union which is a combined federation.

[Act 30 of 2024 wef 01/01/2025]

Liability in tort

23.—(1) A suit against a registered trade union or against any members or officers thereof on behalf of themselves and all other members of a trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union shall not be entertained by any court.

(2) Nothing in this section shall affect the liability of a trade union or any officer thereof to be sued in any court touching or concerning the property or rights of a trade union except in respect of any tortious act committed by or on behalf of the trade union in contemplation or in furtherance of a trade dispute.

Liability in contract

24.—(1) Every registered trade union shall be liable on any contract entered into by it or by an agent acting on its behalf.

(2) Notwithstanding subsection (1), a trade union shall not be so liable on any contract which is void or unenforceable at law.

Objects in restraint of trade not unlawful in case of registered trade union

25. The objects of a registered trade union shall not, by reason only that they are in restraint of trade, be deemed to be unlawful so as to render any member of that trade union liable to criminal prosecution for conspiracy or otherwise or to render void or voidable any agreement or trust.

Proceedings by and against trade union

26.—(1) A registered trade union may sue and be sued and be prosecuted under its registered name.

(2) An unregistered trade union may be sued and prosecuted under the name by which it has been operating or is generally known.

(3) A trade union whose registration has been cancelled or withdrawn may be sued and prosecuted under the name by which it was registered.

(4) An enforcement order for any money recovered from a trade union in civil proceedings may issue against any property belonging to or held in trust for the trade union other than the benevolent fund of a registered trade union.

[Act 25 of 2021 wef 01/04/2022]

(5) Any fine ordered to be paid by a trade union may be recovered by distress and sale of any movable property belonging to or held in trust for the trade union in accordance with the provisions of the Criminal Procedure Code 2010.

(6) In any civil or criminal proceedings in which a registered trade union is a party such trade union may appear in such proceedings by any one of its officers or by an advocate and solicitor.

Strike or industrial action

27.—(1) A registered trade union (other than a registered trade union which is a combined federation) shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members without obtaining the consent, by secret ballot, of the majority of the members so affected.

[Act 30 of 2024 wef 01/01/2025]

(2) A registered trade union (other than a registered trade union which is a combined federation) the majority of whose membership consists of non‑executive employees shall not commence, promote, organise or finance any strike or any form of industrial action in connection with any trade dispute between members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 and their employer.

[1/2015]

[Act 30 of 2024 wef 01/01/2025]

(2A) A registered trade union which is a combined federation shall not commence, promote, organise or finance any strike or any form of industrial action affecting the whole or any section of its members.

[Act 30 of 2024 wef 01/01/2025]

(3) Any registered trade union which, and every member of its executive who, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

(3A) A registered trade union which is a combined federation which, and every member of its executive who, contravenes subsection (2A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

[Act 30 of 2024 wef 01/01/2025]

(4) The members of a trade union who commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action —

(a)	where the consent of the majority of the members so affected has not been obtained by secret ballot; or
(b)	taken in contravention of the rules or by-laws of the trade union,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(5) No member of a registered trade union who is an executive employee that is represented by the trade union under section 30A of the Industrial Relations Act 1960 shall commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action taken by the trade union.

[1/2015]

(6) No member of a registered trade union the majority of whose membership consists of non‑executive employees shall commence, promote, organise, participate or otherwise act in furtherance of any strike or any form of industrial action in connection with any trade dispute between members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 and their employer.

[1/2015]

(7) Nothing in subsection (2) or (6) shall preclude a registered trade union referred to in those subsections or any member of a registered trade union that is recognised by the employer in the manner prescribed under Part 3 of the Industrial Relations Act 1960 as a registered trade union representing that member from commencing, promoting, organising, financing, participating or otherwise acting in furtherance of any strike or any form of industrial action affecting the member in accordance with subsection (1).

[1/2015]

(8) Any member of a registered trade union who contravenes subsection (5) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(9) Any person who instigates or incites others to take part in or otherwise acts in furtherance of a strike or any form of industrial action —

(a)	where the consent of the majority of the members of a trade union so affected has not been obtained by secret ballot;
(b)	taken in contravention of the rules or by-laws of the trade union to which the majority of the persons taking part in the strike or industrial action belongs; or
(c)	taken in contravention of subsection (5) or (6),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

(10) For the purposes of investigating an offence under this section, the Registrar may by notice in writing require any person who he believes could assist him in his investigations to appear before him at such place and time as stated in the notice.

(11) Any person who fails or neglects without reasonable excuse to comply with any notice under subsection (10) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(12) Every person who has been required to appear before the Registrar under subsection (10) shall state truly the facts and circumstances of any strike or industrial action which he is acquainted with.

(13) If any person fails to comply with subsection (12), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

(14) In any proceedings for an offence under this section, the onus of proving that the requirements specified in subsection (1), (3), (4) or (9) have been complied with shall be on the registered trade union, the member of its executive or a member of the trade union or any accused person, as the case may be.

(15) In this section, “industrial action” means the adoption of any practice, procedure or method in the performance of work which would result in a limitation on output or production in any occupation, service, trade, industry or business.

(16) For the purposes of this section, where the majority of the membership of a registered trade union consists of non‑executive employees, the consent of its members who are executive employees that are represented by the trade union under section 30A of the Industrial Relations Act 1960 shall not be taken into account in ascertaining whether the consent of the majority of the members have been obtained under subsection (1).

[1/2015]