ACT No. IV of 2015 AN ACT to amend various laws to enable members of disciplined and similar forces and services to become members of trade unions and to make consequential, ancillary and transitory provisions for the said purpose.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

20th February, 2015

ACT No. IV of 2015

AN ACT to amend various laws to enable members of

disciplined and similar forces and services to become members of

trade unions and to make consequential, ancillary and transitory

provisions for the said purpose.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same as follows:-

The short title of this Act is the Various Laws (Trade Union

Membership of Disciplined Forces) Act, 2015.

PART I

Amendments to the Police Act

This Part amends the Police Act, hereinafter in this Part

referred to as "the principal Act" and it shall be read and construed as

one with the said principal Act.

In article 2 of the principal Act the definition "the Malta

Police Association" shall be deleted.

In sub-article (3) of article 7 of the principal Act the words

"who shall be entitled to join any professional association established

under this Act" shall be deleted.

In article 14 of the principal Act, for the words "or through

a professional association established under this Act" there shall be

substituted the words "or through a trade union".

Sub-article (4) of article 21 of the principal Act shall be Amendment of

article 21 of the

amended as follows

principal Act.

(a)

for the words "by the Malta Police Association"

there shall be substituted the words "by the trade union

representing the members of the Force"; and

(b) in the proviso thereto, for the words "there is more

than one such association" there shall be substituted the words

"there is more than one trade union", and for the words "the

relevant strength of such association" there shall be substituted

the words "the relevant strength of such trade unions".

Title III of Part II of the principal Act, including articles Deletion of

24, 25, 26, 27, 28, 29 and 30, and the Second Schedule to the Title

II and of the

principal Act shall be deleted.

Second

Schedule to the

principal Act.

Article 34 of the principal Act shall be deleted.

Deletion of

article 34 of the

principal Act.

In paragraph (b) of article 37 of the principal law, for the Amendment of

words "or a representative of a police association, as mentioned in article

principal Act.

Title III of Part II of this Act, of which he is a member." there shall be

substituted the words "or a representative of a trade union.".

In sub-article (1) of article 105 of the principal A ct the Amendment of

words "the President of the Police Association or his representative," article

the principal

shall be deleted.

Act.

Paragraph (e) of article 6 of the Third Schedule to the Amendment of

the Third

principal Act shall be deleted.

Schedule to the

principal Act.

PART II

Amendments to the Malta Armed Forces Act

This Part amends the Malta Armed Forces Act, hereinafter Amendments of

in this Part referred to as the ''principal Act'' and it shall be read and the

Armed Forces

construed as one with the principal Act.

Act. Cap. 220.

Immediately after article 183 of the principal Act there shall Addition of

articles 184 and

be added the following new articles

185 to the

principal Act.

'' Trade union

184. (1) A member of the Force shall

membership.

be entitled to be a member of a registered

trade union of his choice.

(2) A

trade

union

representing

members of the Force

(a) shall not be entitled to limit

its membership to any particular rank or

sector in the Force;

(b) shall be entitled to negotiate

conditions of employment and to

participate

in

dispute

resolution

procedures of a conciliatory, mediatory,

arbitral or judicial nature on behalf of the

members of the Force which it represents

but it shall not be entitled to take any

other action in the Force in

contemplation or furtherance of a

dispute or to participate in proceedings

relating to charges of military offences

issued under this Act.

185. Any member of the Force who

Prohibition of

industrial action.

takes industrial action or who participates in

any industrial action taken in the Force in

contemplation or furtherance of a dispute shall

be guilty of a military offence against good

order and military discipline

Provided that nothing in this article

shall prejudice the right of a trade union which

represents members of the Force from

performing those acts which are permissible in

accordance with the provisions of paragraph

(b) of sub-article (2) of article 184 or the right

of a member of the Force to participate in the

procedures mentioned in the said paragraph.''.

PART III

Amendments to the Civil Protection Act

This Part amends the Civil Protection Act, hereinafter in

this Part referred to as "the principal Act", and it shall be read and

construed as one with the said principal Act.

Sub-article (7) of article 8 of the principal Act shall be

substituted by the following

"(7) The members of the Force shall be entitled to join a

trade union.".

PART IV

Amendments to the Employment and Industrial Relations Act

This Part amends the Employment and Industrial Relations Amendments of

Act, hereinafter in this Part referred to as "the principal Act", and it the

and Industrial

shall be read and construed as one with the said principal Act.

Relations Act.

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a)

in the definition "contract of service", immediately

after the words "disciplined force" there shall be added the

words "except as may be provided in or under this Act"; and

(b) in the definition "disciplined force", immediately

after the words "Constitution of Malta" there shall be added the

words "and includes the Assistance and Rescue Force

established by virtue of the Civil Protection Act".

Immediately after sub-article (4) of article 48 of the Amendment of

article 48 of the

principal Act, there shall be added the following new sub-article

principal Act.

"(5) Regulations made under sub-articles (2) and (3)

shall, unless the contrary is explicitly provided in or under any

other law, prevail over what is provided in or under any other

law with regard to any matter concerning industrial and

employment relations.".

Immediately after article 67 of the principal Act, there Addition of new

article 67A to

shall be added the following new article

the principal

Act.

" Trade union

67A. (1) A member of a disciplined

membership in

force shall be entitled to be a member of a

disciplined

registered trade union of his choice.

forces.

(2) A trade union representing members

of a disciplined force

(a)

shall not be entitled to limit

its membership to any particular rank in

the said force;

(b) shall be entitled to negotiate

conditions of employment and to

participate

in

dispute

resolution

procedures of a conciliatory, mediatory,

arbitral or judicial nature on behalf of the

members of the disciplined force which it

represents but it shall not be entitled to

take any other action in a disciplined

force in contemplation or furtherance of a

dispute

Provided that notwithstanding

the provisions of this article, the right of

members of the Armed Forces of Malta to

be members of a trade union shall be

regulated only under the Malta Armed

Forces Act.".

PART V

Transitory Provision

Notwithstanding the provisions of any other law or of any

other regulations, whether enacted before or after the coming into

force of this Act, whereby reference in any law or regulation to The

Malta Police Association, The Civil Protection Staff Association, The

Prisons Officers Staff Association or the Armed Forces of Malta Staff

Association is removed, the said associations shall, notwithstanding

such removal, continue to exist and shall enjoy the capacity of

juridical persons only for the purpose of being dissolved or wound up

or of being converted into a trade union or into a legal person of

another legal form by virtue of a decision taken by a majority of their

members.

Passed by the House of Representatives at Sitting No. 238 of the

11th February, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.54