STATUTORY RULES.
1909. No. 102.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Conciliation and Arbitration Act 1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this 9th day of September, One thousand nine hundred and nine.
DUDLEY,
Governor-General.
By His Excellency’s Command,
P. McM. GLYNN.
Short Title.
1. These Regulations may be cited as “The Conciliation and Arbitration Regulations.”
Interpretation.
2. In these Regulations unless some other meaning is clearly intended—
‘‘Application for registration’’ means an application for the registration of an association as an organization under the Act;
‘‘Commissioner for Affidavits’’ means a person authorized under the law of the Commonwealth or of a State to take affidavits or declarations;
“Justice of the Peace” means a Justice of the Peace of the Commonwealth or part of the Commonwealth or of a State or part of a State;
“Statutory declaration” means a statutory declaration made by virtue of any law of the Commonwealth or of a State authorizing a declaration to be made otherwise than in the course of a judicial proceeding.
“The Act” means the Commonwealth Conciliation and Arbitration Act 1904;
“The Registrar” means the Industrial Registrar or a Deputy Industrial Registrar;
Travelling Expenses of the President.
3. There shall be paid to the President, on account of the expenses of himself and his Associate, in travelling to discharge the duties of his office, such sums as the President certifies, under his hand, to have been actually expended, not exceeding the average of Three pounds three shillings per travelling day for the financial year (in addition to fares for conveyance).
Office Hours.
4. The Principal Registry and each District Registry shall be open on ordinary working days from 10 a.m. to 3 p.m., and on Saturdays from 10 a.m. to 12 noon.
Conditions for Registration.
5. In lieu of Schedule B to the Act the following are the prescribed, conditions to be complied with by associations applying for registration as organizations:—
I. The affairs of the association shall be regulated by rules specifying the purposes for which it is formed, and providing for the following matters in relation to the association:—
(a) A Committee of Management and Officers;
(b) The powers and duties of the Committee and of Officers;
(c) The removal of Members of Committee and of Officers;
(d) The control of the Committee by the members, either as a whole or in District Meetings or by a general governing body, or otherwise;
(e) The mode in which industrial agreements and other documents may be executed by or on behalf of the association;
(f) The power of bringing industrial disputes before the Court;
(g) The times when and terms on which persons shall become or cease to be members;
(h) The mode in which the property is to be controlled and the funds invested;
(i) The yearly or other more frequent audit of the accounts;
(j) The conditions under which funds may be disbursed for ordinary and extraordinary purposes;
(k) The keeping of a register of the members;
(l) The registered office; and
(m) The repeal and alteration of, and addition to, the rules.
II. The rules of an association may also provide for any other matter not contrary to law.
III. No two associations shall be registered as organizations under the same name.
IV. An application, in the prescribed form, for registration of an association as an organization must be made to the Industrial Registrar or to the Deputy Industrial Registrar in charge of the Registry in the State where the office of the association is situated, and shall be signed by two or more officers of the association.
V. Every application for registration shall be in duplicate and shall be accompanied by:—
(a) Two copies of a list of the members and officers of the association, so far as known to those signing the application;
(b) Two copies of the rules of the association; and
(c) Two copies of a resolution passed in accordance with the rules by a majority of the members present at a general meeting of the association, in favour of registration of the association as an organization; or
(d) Two copies of a resolution passed by an absolute majority of the Committee of Management, in favour of registration of the association as an organization.
Application for Registration.
6. (1) The application for registration may be in accordance with Form 1 or Form 2 applicable to the case, and must be declared to by the applicants before the Registrar or a Justice of the Peace or a Commissioner for Affidavits.
(2) Each document accompanying the application for registration must be marked with the date of the declaring of the application and the signatures of the persons signing it, and of the Registrar, Justice of the Peace, or Commissioner for Affidavits, before whom it is declared.
(3) The application shall be lodged with the Registrar, and shall be accompanied by the prescribed fee, and the Registrar shall note on the application the date and hour of its receipt.
(4) The duplicate of every application lodged with a Deputy Industrial Registrar shall forthwith be forwarded by him to the Industrial Registrar.
Order in which Applications dealt with.
7. Applications for registration shall be dealt with as far as practicable in the order in which they are received.
Advertisement of Application.
8. The Registrar shall cause a notice, in accordance with Form 3, of the receipt of the application for registration to be advertised in the Gazette.
Objections to Registration.
9. (1) Any organization or person may, within thirty days after the advertisement of the notice of the receipt of the application for registration, lodge with the Registrar a notice of objection, in accordance with Form 4, to the registration of the association.
(2) The grounds of objection shall be set out in the notice and shall be confined to one or more of the following grounds:—
(a) That the association is not an association capable of registration under the Act; or
(b) That the prescribed conditions for registration have not been complied with by the association; or
(c) That an organization to which the members of the association might conveniently belong has been registered in the State in which the application for registration is made.
(3) Particulars of the grounds must be given.
Evidence in Support of Objection
10. The objector shall lodge with the notice of objection statutory declarations in support thereof and shall serve copies of the notice of objection and of the statutory declarations on the applicants.
Evidence in Reply.
11. Within fourteen days after service of the notice of objection the applicants may lodge with the Registrar statutory declarations in answer to the objection, and shall serve copies thereof on the objector.
Hearing.
12. The Registrar shall fix a day for hearing the objections, and shall give notice thereof to the objector and to the applicants. On the hearing the Registrar shall hear the parties if they are present and desire to be heard, and shall decide the matter.
Right of Applicants to be Heard.
13. The Registrar shall not refuse to grant an application for registration until he has given to the applicants an opportunity of being heard in support of it.
Lodging of Adopted Rules.
14. Every association which has adopted rules in pursuance of power granted by the President shall lodge with the Registrar three copies of the rules so adopted, verified by statutory declaration, and a copy of the President’s order.
Registration.
15. No association shall be registered as an organization until the Registrar is satisfied that it is a voluntary and bonâ fide association, within the meaning of the Act, for furthering or protecting the interests of its members, and that it is not wholly or partially formed, organized, supported, maintained, or conducted, directly or indirectly, for the purpose, or with the view, of opposing, injuring, or prejudicing the interests of employers or employees, as the case may be, whose interests it purports to represent, further, or protect.
Certificate of Registration.
16. The certificate of registration of an association as an organization may be in accordance with Form 5.
Application to Registrar to Apply for Cancellation of Registration of an Organization.
17. (1) Every application to the Registrar to apply to the Court for the cancellation of the registration of an organization may be in accordance with Form 6, and shall be filed with the Registrar, and shall be supported by a statutory declaration setting out the facts on which the applicant relies.
(2) An application under this Regulation may be based (inter alia) on the grounds that the organization—
(i.) is not a voluntary and bonâ fide association within the meaning of the Act; or
(ii.) is not, in fact, an association for furthering or protecting the interests of its members; or
(iii.) is wholly or partially formed, organized, supported, maintained, or conducted, directly or indirectly, for the purpose, or with the view, of opposing, injuring, or prejudicing the interests of employers or employees, as the case may be, whose interests it purports to represent, further, or protect.
Returns of Members.
18. Every organization shall forward to the Industrial Registrar in the month of March in each year a return, signed by two officers of the organization, setting out the names of its members as at the last preceding thirty-first day of December, with the dates (so far as known) on which they became members of the organization, and stating that it contains a true statement of the persons appearing from the register of members to have been members of the organization on the said thirty-first day of December.
Returns of Officers.
19. Within fourteen days after any change takes place in the officers of any organization the organization shall forward to the Registrar a statement (in duplicate) of the change which has taken place and a complete list of the officers of the organization.
Alteration of Rules.
20. (1) Within fourteen days after any alteration has been made in the rules of any organization the organization shall forward to the Registrar two copies of the alterations of the rules, certified by the Secretary.
(2) The certificate must show that the copies are true copies of the alterations and that the alterations were made in accordance with the rules of the organization.
Balance-sheet.
21. Once at least in every year a true statement showing the receipts and expenditure of the organization during the preceding year and the assets and liabilities of the organization at the date thereof shall be prepared (in duplicate) and signed by the Secretary or Treasurer and audited and signed by the Auditor, and shall be forwarded to the Registrar. The time when the statement shall be so made out and forwarded shall be within fourteen days after the periodical audit of the accounts of the organization, as provided for in its rules.
Inspection of Documents.
22. All documents lodged with the Registrar shall be open to public inspection during office hours on payment of the prescribed fees.
General Powers of Registrar.
23. (1) For the purpose of giving effect to the Act the Registrar shall, in relation to any application or proceeding before him, have the following powers, namely:—
(a) To call witnesses before him, and take evidence on oath:
(b) To adjourn any matter or hearing:
(c) To amend or give leave to amend any application, notice, or other document:
(d) To extend the time fixed by the Regulations for the lodging of any document or the doing of any act (whether that time has expired or not):
(e) To order any unsuccessful party to pay to the successful party such reasonable sum for costs as he thinks just.
(2) The above powers, if exercised on the application of a party, may be exercised on such terms, as to payment of fees and costs and otherwise, as the Registrar thinks just.
Recovery of Costs.
24. The costs allowed by the Registrar shall be a debt due by the unsuccessful party to the successful party, and may be sued for and recovered by him in any Commonwealth or State Court of competent jurisdiction.
Advice of Registration.
25. Each Deputy Industrial Registrar shall forthwith after the registration of any association as an organization forward to the Industrial Registrar, at the principal Registry, an advice, in accordance with Form 7, of the registration of the organization, and one copy of the list of members of the association, one copy of the rules of the association, and one copy of the resolution in favour of registration of the association as an organization; and the Industrial Registrar shall thereupon enter in the Register of Organizations kept by him particulars of the registration of the association.
Copies of Returns.
26. Each Deputy Industrial Registrar shall forward to the Industrial Registrar at the Principal Registry one copy of all returns, alterations of rules, and notices of change in the registered office of an organization, received by him.
Copies of Documents.
27. Any person may, on application to the Registrar, and on payment of the prescribed fee, obtain an office copy or a certified copy or any document lodged with him.
Fees.
28. (1) The following fees shall be paid to the Registrar in respect of matters under the Act and Regulations:—
| | £ | s. | d. |
| On lodging application for registration............................................................... | 0 | 5 | 0 |
| On lodging notice of objection to registration..................................................... | 0 | 5 | 0 |
| On lodging each declaration............................................................................... | 0 | 1 | 0 |
| On every written order by the Registrar.............................................................. | 0 | 1 | 0 |
| On the registration of an association as an organization..................................... | 1 | 0 | 0 |
| For inspection of documents in any matter (other than an award)...................... | 0 | 1 | 0 |
| For inspection of an award................................................................................. | 0 | 0 | 6 |
| For certificate of the Registrar............................................................................ | 0 | 1 | 0 |
| On filing each industrial agreement.................................................................... | 0 | 1 | 0 |
| On filing any document in respect of which no other fee is provided................ | 0 | 1 | 0 |
| For copies of documents—per folio of 72 words............................................... | 0 | 0 | 3 |
(2) The fees payable under these Regulations are to be paid in advance and the Registrar may refuse to receive or issue any document or to do any act in respect of which a fee is payable until the fee is paid.
Service by Post.
29. Service of any document under these Regulations may be effected by post, and service shall be deemed to be effected by properly addressing, prepaying, and posting the document as a letter, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
Lodging of Documents with the Registrar.
30. Where the Regulations require any document to be lodged with the Registrar, the document shall be left with or sent by post to him.
Forms.
31. References to forms in these Regulations are to the forms in the Schedule, which forms may be used where applicable. Strict compliance with the forms in the Schedule shall not be necessary, and the Registrar shall have power to permit the use of any form which, in his opinion, substantially complies with the Regulations.
Offences.
32. Any person who wilfully makes any false statement in any document lodged or filed with the Registrar shall be guilty of an offence, and liable, on summary conviction, to imprisonment with or without hard labour for any term not exceeding six months. Nothing in these Regulations shall relieve any person from any punishment to which he may be liable under the laws of the Commonwealth or of a State.
Repeal.
33. The Regulations made under the Act (being Statutory Rules 1903 No. 23 and 1905 No. 70), are hereby repealed, save as to anything lawfully done thereunder.
THE SCHEDULE.
Form 1.
Commonwealth of Australia.
The Commonwealth Conciliation and Arbitration Act 1904.
APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYERS AS AN ORGANIZATION.
We [here set out names in full, addresses, and occupations of applicants] hereby make application for the registration of an association called [here set out the name of the association] as an organization of employers under the Commonwealth Conciliation and Arbitration Act 1904, and we declare as follows:—
1. That the said association is an association of employers in or in connexion with the [here set out name of industry].
2. That the members of the said association have in the aggregate throughout the six months next preceding the date of this application employed on an average taken per month not less than one hundred employees in that industry.
3. That the copies of the lists of members and officers of the association accompanying this application are to the best of our knowledge and belief true and correct lists of the existing members and officers of the association.
4. That the copies of the rules of the association accompanying this application are true and correct copies of the rules of the association.
5. That on the day of 19 [here set out a resolution was passed in accordance with the rules by a majority of the members present at a general meeting of the association in favour of registration of the association as an organization or a resolution was passed by an absolute majority of the Committee of Management of the said association in favour of registration of the association as an organization] and that the copies of that resolution accompanying this application are true and correct copies thereof.
6. That we, the applicants, are officers of the association, and are authorized to make this application.
And we make this application conscientiously believing the statements therein to be true.
Signatures of Applicants—
* Declared before me at the day of 19
Note.—To be addressed to the Industrial Registrar or to the Deputy Industrial Registrar as the case requires, setting out the Registry at which it is to be filed.
* To be made before the Registrar or a Justice of the Peace or a Commissioner for Affidavits.
Form 2.
Commonwealth of Australia.
The Commonwealth Conciliation and Arbitration Act 1904.
APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYEES AS AN ORGANIZATION.
We [here set out names in full, addresses, and occupations of applicants] hereby make application for the registration of an association called [here set out the name of the association] as an organization of employees under the Commonwealth Conciliation and Arbitration Act 1904, and we declare as follows:—
1. That the said association is an association of employees in or in connexion with the [here set out name of industry].
2. That the number of employees in or in connexion with the said industry who are members of the association is not less than one hundred.
3. That the copies of the lists of members and officers of the association accompanying this application are to the best of our knowledge and belief true and correct lists of the existing members and officers of the association.
4. That the copies of the rules of the association accompanying this application are true and correct copies of the rules of the association.
5. That on the day of 19 [here set out a resolution was passed in accordance with the rules by a majority of the members present at a general meeting of the association in favour of registration of the association as an organization or a resolution was passed by an absolute majority of the Committee of Management of the said association in favour of registration of the association as an organization] and that the copies of that resolution accompanying this application are true and correct copies thereof.
6. That we, the applicants, are officers of the association, and are authorized to make this application.
And we make this application conscientiously believing the statements therein to be true.
Signatures of Applicants—
* Declared before me at the day of 19
Note.—To be addressed to the Industrial Registrar or the Deputy Industrial Registrar as the case requires, setting out the Registry at which it is to be filed.
* To be made before the Registrar or a Justice of the Peace or a Commissioner for Affidavits.
Form 3.
Commonwealth Court of Conciliation and Arbitration.
[Principal or District] Registry,
[Place and Date].
NOTICE OF APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION.
Notice is hereby given that application has been made to me under the Commonwealth Conciliation and Arbitration Act 1904 for the registration of an association called [here set out name of association] as an organization of [here set out employers or employees, as the case may be]. Any person who desires to object to the registration of the association may do so by lodging with me a notice of objection in the prescribed form and statutory declarations in support thereof within thirty days after the publication of this advertisement, and by serving on the association copies of the notice of objection and statutory declarations so lodged.
Industrial Registrar or Deputy Industrial Registrar, as the case may be.
Form 4.
Commonwealth of Australia.
The Commonwealth Conciliation and Arbitration Act 1904.
NOTICE OF OBJECTION TO THE REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION.
Take notice that [here set out name of objecting organization or person and its or his address and his occupation] object to the registration of [here set out the name of the association applying for registration] as an organization under the above Act on the following grounds, namely:—
(a) That the association is not an association capable of registration under the Act in that [here set out the particulars]:
(b) That the prescribed conditions for registration have not been complied with by the association in that [here set out the particulars]: and
(c) That an organization namely [here set out the name of the organization] to which the members of the association might conveniently belong has been registered in the State of under the said Act.
Dated the day of 19
Signature of Objector.
To the (Industrial Registrar, or Deputy Industrial Registrar, as the case requires).
Note.—Any ground not applicable may be struck out. Where the objector is an organization the objection must be under the seal of the organization or the hands of at least two officers authorized to sign the notice of objection.
Form 5.
Commonwealth of Australia.
The Commonwealth Conciliation and Arbitration Act 1904.
CERTIFICATE OF REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION OF (EMPLOYERS OR EMPLOYEES, AS THE CASE MAY BE).
I [here set out name and title of Registrar] hereby certify that on the day of One thousand nine hundred and an association called [here set out the name of the association] was in the State of registered by that name under the Commonwealth Conciliation and Arbitration Act 1904 as an organization of [here set out employers or employees, as the case may be].
Dated at in the State of this day of 19
Industrial Registrar or Deputy Industrial Registrar, as the case requires.
C.6072. b
Form 6.
Commonwealth of Australia.
The Commonwealth Conciliation and Arbitration Act 1904.
APPLICATION TO THE REGISTRAR TO APPLY TO THE COURT FOR THE CANCELLATION OF THE REGISTRATION OF AN ORGANIZATION.
Application is hereby made by [here set out name of organization or person and its or his address and his occupation] to you to apply to the Commonwealth Court of Conciliation and Arbitration for the cancellation of the registration of an organization called [here set out name of organization] which is registered under the above Act in the State of [here set out name of State] as an organization of [here set out employers or employees, as the case may be].
The grounds upon which this application is founded as as follow:—[here set out grounds in numbered paragraphs].
Dated the day of 19 .
Signature—
Note.—To be addressed to the Industrial Registrar or a Deputy Industrial Registrar, and to be signed by the applicant, or, where the applicant is an organization, to be under the seal of the organization or the hands of two of its officers who are authorized to sign the application.
Form 7.
Commonwealth of Australia.
District Registry,
, 19 .
Sir,
I have the honour to inform you that I have registered an association called the [here set out name of association] as an organization under the Commonwealth Conciliation and Arbitration Act 1904, according to the particulars set out below, and I forward herewith a copy of the list of members and officers of the association, one copy of the rules of the association, and one copy of the resolution in favour of registration of the association as an organization.
Particulars.
Registered number of organization—
Date of registration—
Name of organization—
Employers or employees—
Name of industry—
State—
Situation of office—
I have the honour to be,
Sir,
Your obedient servant,
Deputy Industrial Registrar.
The Industrial Registrar,
Principal Registry, Melbourne.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.