2015 No.5 LABOUR AMENDMENT eariier than thirty days from the date that the application is set down to for hearing (the "return day" of the application) to refund or return to such employment council any property which the respondent has misappropriated from such employment council; (10) If, on the return day of the application, the respondent makes no appearance or, after a hearing, the Labour Court grants the application for the order with or without amendment, the administrator shall, if the respondent does not comply fully or at all with the order by the restitution day, submit the order for registration to whichever court would have had jurisdiction to make such an order had the matter been determined by it, and thereupon the order shall have effect, for purposes of enforcement, of a civil judgment of the appropriate court. ( 11) For the purposes of subsection (9), "misappropriate" in relation to the property or moneys of the employment council under administration includes doing either or both of the following in defiance of a notice referred to in subsection (8)- ( a) expending or disposing of the property of the employment council; or (b) withdrawing moneys from any account with any bank, building society or other financial institution operated on behalf of the employment council: ( 12) Any person who- (a) makes any false representation to, or otherwise wilfully hinders or obstructs an investigating officer or administrator in the exercise of his or her functions; or (b) falsely holds himself or herself out to be an investigating officer or administrator; or (c) havingreceivednoticeundersubsection(6)(a),withoutlawful excuse fails to produce any book or document referred to in subsection (6)(a) which he or she may be able to produce; or (d) contravenes subsection (5) or (9); shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.". 13 Amendment of section 74 Cap. 28:01 Section 74 ("Scope of collective bargaining agreements")(J) of the principal Act is amended by the insertion of the following paragraph after paragraph (m)"(n) the following measures to foster the viability of undertakings and high levels of employment, where applicable, namely measures(i) to promote high levels of productivity: and (ii) to promote economic competitiveness: and (iii) to promote economic and environmental sustainabiilty: and (iv) to mitigate the cost of living.". 127

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