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  • 18 hours ago
A new Parliamentary bill aims to retroactively bind State-owned energy firms, Heritage Petroleum, Paria Fuel Trading and the Guaracara Refining, to the historical Collective Agreements of defunct State oil company, Petrotrin.
The legislation, passed in the Senate, backdates employer liabilities to December 2018.
But isn't without concern.
Alicia Boucher has the details
Transcript
00:00Government is seeking to swiftly reverse what it calls a historical wrong,
00:04accusing the previous People's National Movement administration of weaponizing
00:09corporate restructuring to systematically dismantle trade union power. So says Minister
00:15of Labor Leroy Batiste in piloting the miscellaneous provisions Heritage Petroleum
00:20Paria Fuel Trading and Guaracara Refining Vesting Amendment Bill 2026 in the Senate.
00:26The piece of legislation cites the three companies as the successors of Petrotrin
00:32and further proposes that all existing collective agreements, which Petrotrin was party to prior to
00:38the designated restructuring day, remain active and legally binding. Added to that is closed too.
00:46The bill further provides that the amendment shall be deemed to come into force on December 1st,
00:532018, thereby ensuring continuity from the commencement of the vesting arrangements.
01:00Batiste says enshrined in international labor laws is the principle of successorship and at the heart
01:06of that is a fundamental proposition. Workers should not lose their hard-earned collective
01:13bargaining rights merely because the legal identity of their employer changes.
01:20A change in corporate structure must not become a mechanism for extinguishing trade union
01:28representation, avoiding collective agreements or undermining decades of collective bargaining
01:35achievements. Opposition Senator Farris El-Araoui indicating his party's willingness to support the
01:41bill but outlining that there was no previous knowledge of the legislation nor the debate on it.
01:47His concern, the retroactive clause, given the vested interest in the refinery by Patriotic
01:53Energies, which is owned by the oilfields workers trade union.
01:57We need to be careful that what we're doing today by a retroactive interpretation and application of
02:03the law doesn't present any difficulties to the prospective entity that is going to buy or release
02:12or have assigned or have participation in its procurement cycles.
02:17It raises in his mind the possibility of a conflict of interest, potentially leading to a detriment,
02:24which he says would require a three-fifths and not a simple majority for the bill's passage.
02:29According to El-Araoui, a court of appeal ruling involving Caribbean Airlines already outlines the
02:35continuation of existing collective bargaining arrangements under successorship.
02:39So this jeopardy that the Honourable Member has set up, saying that there was a huge hole that was
02:45left and not dealt with, that in fact, Mr. President, is taken care of and addressed by the law itself.
02:52The three-close bill was taken in committee stage and approved with amendment, recognizing the
02:58OWTU as the majority union representing workers of Heritage, Paria and Guaracara, as well as tying the
03:05appointed day directly to the exact definition in the original 2018 Vesting Act. By doing this,
03:12December 1st, 2018 was locked in to prevent any gray areas pertaining to the transitional period.
03:19As for the divisional vote, 21 members voted for the bill. No member voted against the bill.
03:32And there were nine abstentions. The abstentions came from the opposition bench. The bill was passed
03:40in the Senate and will now go to the lower house. Members of the OWTU were present in the Parliament's
03:46public gallery for the sitting. Alicia Boucher, TV6 News.
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