Section 2: Trade disputes to be reported to the Minister

(1) Any trade dispute whether existing or apprehended may be reported in writing to the Minister by or on behalf of either of the parties to the dispute in such form and containing such particulars as may be prescribed by rules made under this Act. (2) Any person making a report of a dispute under subsection (1) shall send a copy of the report immediately to the other party or parties to the dispute. (3) Upon receipt of a report made under subsection (1), the Minister may, in his or her absolute discretion, proceed to deal with the report in any one or more of the following ways- (a) inform the parties to the dispute that the report comprises matters which in the Minister's opinion are unsuitable to be dealt with under this Act; (b) inform the parties that he or she accepts or rejects the report of the trade dispute, having regard to the sufficiency or otherwise of the particulars set out in the report, to the nature of the report or to the endeavours made by any of the parties to achieve a settlement of the dispute, or having regard to any other matter which the Minister considers to be relevant in the circumstances giving his or her reasons therefor; (c) refer the matter back to the parties and if he or she thinks fit, make a proposal to the parties or to any of them upon which a settlement of the trade dispute may be negotiated; (d) appoint a conciliator to conciliate the parties in dispute and inform the parties, in writing, of the appointment. (4) If, within six weeks of the appointment of a conciliator under subsection (3)(d), an agreement has not been reached on all matters constituting a trade dispute or before that time the conciliator considers that there is no likelihood of reaching an agreement, he or she shall submit a report to the Minister stating the points of disagreement between the parties to the trade dispute. (5) On receipt of a report submitted under subsection (4), the Minister shall, as soon as possible, refer the trade dispute as reported with or without the consent of the parties to it, either to- (a) an arbitration tribunal appointed by him or her in accordance with section 3; or (b) the industrial court established in accordance with section 5. (6) Where one of the parties to a trade dispute fails or refuses to sign the terms of reference to an arbitration tribunal or the industrial court under this section, the terms of reference shall be signed by the party that made a report of an existing or apprehended trade dispute to the Minister and shall be countersigned by the conciliator in the dispute. (7) If there are existing in any trade or industry any arrangements for settlement by conciliation or arbitration of disputes in that trade or industry, or any branch of it, made in pursuance of an agreement between organisations of employers and organisations of workers representative respectively of substantial proportions of the employers and workers engaged in that trade or industry, the Minister shall not, unless with the consent of both parties to the dispute, and until there has been a failure to obtain a settlement by means of those arrangements, refer any dispute for settlement to an arbitration tribunal or the industrial court under this section. (8) The Arbitration and Conciliation Act shall not apply to any proceedings of an arbitration tribunal or the industrial court under this Act or to any award made by the tribunal or court.