Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012access to the employer's premises as is reasonable andnecessary for the lawful activities of the trade union.(2) In granting the access required by subsection (1), anemployer may impose restrictions as to time and placewhich are reasonable and necessary to avoid unduedisruption of operations and in the interest of safety.183. Collective agreements(1) A collective agreement shall—(a) be in writing and signed by the parties to theagreement;(b) contain the date on which it is to become effective;(c) contain effective procedures for the avoidance ofdisputes and settlement of rights, interests anddisputes which procedures may include a referenceof any dispute to conciliation, mediation orarbitration;(d) contain provisions for the settlement of alldifferences arising out of the interpretation,application and administration of the agreement;(e) provide for such other matters as may be agreedbetween the parties to the agreement;(f) be lodged with the Minister or his or her designate.(2) Nothing in this section shall affect the validity of acollective agreement which is valid and existingimmediately before the commencement of this Code andthat agreement shall remain in force until it expires or isreplaced by another collective agreement.184. Enforceability of collective agreements(1) A collective agreement is binding on the parties to it andon every employee who is a member of the signatorytrade union or a member of the bargaining unit forwhich that trade union has been certified.(2) The terms of the collective agreement are deemed to beincorporated into the employment contract of each106
MONTSERRATLABOUR CODE, 2012No. 20 of 2012employee who is a member of the signatory trade unionor a member of the bargaining unit for which that tradeunion has been certified.(3) Any party referred to in subsection (1) may apply to theHigh Court to enforce the provisions of a collectiveagreement.185. Successor rights and obligations(1) If a business or a part of it is sold, leased, transferred, orotherwise disposed of—(a) the purchaser, lessee or transferee is bound by allthe proceedings under this Code that werecommenced before the date of the disposition andthe proceedings shall continue as if no change hadoccurred; and(b) a collective agreement which is in force, continuesto bind the purchaser, lessee, or transferee to thesame extent as if it had been signed by thepurchaser, lessee or transferee.(2) Where a dispute arises regarding the applicability of thissection, an affected party may apply to the High Courtfor a determination of the matter in accordance with thisCode.PART 13MISCELLANEOUS186. Conflict between the Code and other lawTo the extent that there may be conflict or inconsistencybetween any provision of the Code and any otherenactment relative to labour matters, the provision of theCode shall prevail.187. Repeal and savings(1) The following enactments are repealed—(a) the Employment Act (Cap. 15:03);(b) the Labour Act (Cap. 15:17);107
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Labour Code 2012 - Government of Montserrat

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