§ 36 — Strike or industrial action

36.—(1) A registered platform work association must 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.(2) Any registered platform work association which, and every member of its executive who, contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000.

(3) The members of a platform work association 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 platform work association,

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

(4) 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 platform work association so affected has not been obtained by secret ballot; or

(b)

taken in contravention of the rules or by‑laws of the platform work association to which the majority of the persons taking part in the strike or industrial action belongs,

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

(5) In any proceedings for an offence under subsection (2), the onus of proving that the consent of the majority of the members of the registered platform work association so affected has been obtained by secret ballot is on the registered platform work association or the member of its executive, as the case may be.

(6) In any proceedings for an offence under subsection (3) or (4), the onus of proving that —(a)

the consent of the majority of the members of the platform work association so affected has been obtained by secret ballot; or

(b)

the strike or industrial action was not taken in contravention of the rules or by‑laws of the platform work association concerned,

is on the member of the platform work association or the accused person, as the case may be.

—(1) A registered platform work association must 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.

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

(3) The members of a platform work association 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 platform work association,

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

(4) 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 platform work association so affected has not been obtained by secret ballot; or

(b)

taken in contravention of the rules or by‑laws of the platform work association to which the majority of the persons taking part in the strike or industrial action belongs,

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

(5) In any proceedings for an offence under subsection (2), the onus of proving that the consent of the majority of the members of the registered platform work association so affected has been obtained by secret ballot is on the registered platform work association or the member of its executive, as the case may be.

(6) In any proceedings for an offence under subsection (3) or (4), the onus of proving that —(a)

the consent of the majority of the members of the platform work association so affected has been obtained by secret ballot; or

(b)

the strike or industrial action was not taken in contravention of the rules or by‑laws of the platform work association concerned,

is on the member of the platform work association or the accused person, as the case may be.