Section 26
Reference of trade disputes to the Court
of Industrial Relations Act 1967
(2)
The Minister may of his own motion or upon receiving the notification of the Director General under subsection 18(5) refer any trade dispute to the Court if he is satisfied that it is expedient so to do:
Provided that in the case of a trade dispute in any Government service or in the service of any statutory authority, reference shall not be made except with the consent of the Yang di-Pertuan Agong or State
Authority as the case may require:
*Provided further that where the trade dispute relates to a refusal to commence collective bargaining or a deadlock in collective bargaining, reference to the Court shall not be made without the consent in writing of the parties unless—
(a)
the trade dispute relates to the first collective agreement;
(b)
the trade dispute refers to any essential services specified in the First Schedule;
(c)
the trade dispute would result in acute crisis if not resolved expeditiously; or
(d)
the parties to the trade dispute are not acting in good faith to resolve the trade dispute expeditiously.
(3)
If there exists in any industry any arrangement for the settlement of trade disputes, made in pursuance of an agreement between an employer or a trade union of employers and a trade union of workmen, the Minister shall not refer the trade dispute to the Court in accordance with subsections (1) and (2) unless there has been a failure to obtain a settlement by means of those arrangements or in his opinion it is unlikely that the dispute will be expeditiously settled through such arrangements.
*NOTE— The proviso inserted is not yet in force – see section 18 of the Act A1615.
42 Laws of Malaysia ACT 177