Employment Relations (Registration) (Jersey) Regulations 200-.

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (03/12/2007) regarding: Employment Relations (Registration) (Jersey) Regulations 200-.

Decision Reference: MD-S-2007-0083
Decision Summary Title :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Registration Regulations Lodged Nov07		Date of Decision Summary:	03/12/2007
Decision Summary Author:	Kate Morel, Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	L:\General Information\Workgroups\Policy\Employment\ \Ministerial decisions\ WR Registration Regulations Lodged Nov07		Date of Written Report:	03/12/2007
Written Report Author:	Kate Morel, Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment Relations (Registration) (Jersey) Regulations 200-
Decision(s): The Minister approved draft Regulations for lodging ‘au Greffe’, to be made under Article 27 of the Employment Relations (Jersey) Law 2007.
Reason(s) for Decision: The Employment Relations Law provides that Regulations may be made under Article 27 relating to the registration process for trade unions and employers’ associations. The Employment Relations Law will come into force on 21 January 2008 and it is essential that the Regulations are in place, setting out what information must be supplied to the Registrar in order to register in accordance with the Law and providing forms of application and certificates of registration.
Resource Implications: It is anticipated that, following the initial registration of trade unions and employers’ associations, the role of Registrar equates to a maximum of one half day per year and will be undertaken by an independent person to be appointed by the Minister. Any financial implications for administration will be offset by introducing a small charge for registration, as prescribed by the draft Regulations.
Action required: Greffe to lodge draft Regulations and accompanying report by 4 December 2007, for States debate six weeks later on 15 January 2008.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment Relations (Registration) (Jersey) Regulations 200-.

Accompanying Report for the

Draft Employment Relations (Registration) (Jersey) Regulations 200-

Background

Article 7 of the Employment Relations (Jersey) Law 2007 provides that, unless registered in accordance with the Law, a trade union or employers’ association (including any member or officer of a trade union or employers’ association) shall not do any act in furtherance of any of the purposes for which it was formed.

The Law provides a framework for the establishment and administration of a 'register' of trade unions and employer associations. The intention has always been to provide a simple procedure for registration that is not onerous to administer and is not so detailed as to deter unions and associations from applying.

Article 27 of the Employment Relations Law sets out the basic information that must be provided by a trade union or employers’ association in order to be registered:

the name of the trade union or employers’ association
the address of the trade union or association
the names of the union or association’s officers
a copy of the organisation’s constitution
and such other information as may be prescribed.

The Law provides that the Registrar is only required to refuse an application to register a trade union or employers’ association if the application is not made in accordance with the law, the name of the union or association is the same as (or is misleadingly similar to) another registered union or association, or the purposes of the union or association are unlawful. It is anticipated that it would be very rare for an application to be refused.

Registration may only be cancelled on limited grounds, as detailed in the Law itself, for example, if the union or association ceases to exist and the Registrar must be notified of any changes to the register within one month of that change.

The Registrar

The administration and maintenance of Jersey’s Register of trade unions and employers’ associations will be undertaken by a Registrar, to be appointed by the Social Security Minister.

The Registrar will be independent from the Social Security Department and it should be noted that appeals against a decision of the Registrar must be made to the Royal Court.

The Draft Regulations

The draft Regulations prescribe forms for trade unions and employers’ associations to apply for registration, to apply to amend the details contained in the register and the form of certificate to be issued by the Registrar as proof of registration.

In addition to the information required by the Law, the draft Regulations require that the following additional information must be provided by a trade union or employers’ association on registering:

Whether the trade union or employer’s association consists of constituent or affiliated organisations or representatives of such organisations, and, if so, the names and addresses of such organisations;
Whether it is a branch, constituent or affiliated organisation of one that is listed in the UK, if so, the name and address of that listed trade union or employers’ association;
The nature of the employment, trade or other type of work with which it is concerned;
The date the trade union or employers’ association came into existence;
The number of officers that are resident or have a place of business in Jersey;
The number of members, other than officers, that are resident or have a place of business in Jersey;

Whether members have access to the trade union or employers’ association’s accounts, and if so, at what times

What procedures, if any, the trade union or employers’ association has for balloting its members (which may be referred to in the constitution if provided therein).

The draft Regulations also prescribe a nominal fee that must accompany any application for registration (£40) or an application to amend the register (£10), to offset the cost of administration. The amount is at a level equivalent to fees for registration charged in other jurisdictions, including the Isle of Man.

Trade unions and employers’ associations will not be required to provide annual returns, including copies of audited accounts, or details of financial transactions and assets and liabilities, as required in other jurisdictions including the United Kingdom and the Isle of Man.

It is considered that the existing provisions for public inspection of the register, as set out in the Law, are sufficient, providing that the register may be inspected during normal working hours, free of charge, at the office of the Registrar.

Conclusion

A penalty has not been prescribed for a failure to register as benefits are gained through registration. When a trade union or employers’ association is registered, the Law gives immunity from liability in tort (including for officials of that union or association) for action taken in furtherance of an employment dispute.

Once a trade union is registered in accordance with this Law, employees will also have the right (via the Employment (Jersey) Law 2003) to be represented in formal disciplinary and grievance hearings by employees or officials of that union, and the trade union representative will be protected from detrimental treatment or dismissal on the basis of their activities as a representative.

The prescribed information is considered to be adequate for the purpose of maintaining a public register, without being so prescriptive as to restrict applications. It is considered that unions and associations should be able to provide this basic information to the Registrar with minimal effort, particularly in view of the more detailed requirements of other jurisdictions.

Preparations are underway in order that all trade unions and employers’ associations that currently exist or are represented in Jersey may be registered with the minimum of difficulty in January 2008.

It is anticipated that, following the initial registration of trade unions and employers’ associations, the role of Registrar equates to a maximum of one half day per year and will be undertaken by an independent person to be appointed by the Minister. Any financial implications for administration will be offset by introducing a small charge for registration, as prescribed by the draft Regulations.