CONCILIATION AND ARBITRATION ACT 1904 [Note: This Act is "repealed" by Act No. 87 of 1988. For saving provisions see Act No. 62 of 2004]
(#DATE 30:09:1986)
*1*The Conciliation and Arbitration Act 1904 as shown in this reprint comprises
Act No. 13, 1904 amended as indicated in the Tables below.
Table of Acts
--------------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Commonwealth 13, 1904 15 Dec 1904 15 Dec 1904
Conciliation and
Arbitration Act 1904
Commonwealth 28, 1909 13 Dec 1909 13 Dec 1909
Conciliation and
Arbitration Act 1909
Commonwealth 7, 1910 29 Aug 1910
Conciliation and
Arbitration Act 1910
Commonwealth 6, 1911 23 Nov 1911 23 Nov 1911 S.4
Conciliation and
Arbitration Act 1911
Commonwealth 5, 1914 10 Oct 1914 10 Oct 1914
Conciliation and
Arbitration Act 1914
Commonwealth 18, 1914 7 Dec 1914 7 Dec 1914 S. 16
Conciliation and
Arbitration Act (No. 2)
1914
Commonwealth 35, 1915 13 Sept 1915 13 Sept 1915 S.3
Conciliation and
Arbitration Act 1915
Commonwealth 39, 1918 25 Dec 1918 25 Dec 1918
Conciliation and
Arbitration Act 1918
Commonwealth 31, 1920 11 Oct 1920 11 Oct 1920
Conciliation and
Arbitration Act 1920
Commonwealth 29, 1921 16 Dec 1921 16 Dec 1921
Conciliation and
Arbitration Act 1921
Commonwealth 22, 1926 25 June 1926 26 June 1926 Ss. 3, 11 (1)
Conciliation and see Gazette and (2) (s.11
Arbitration Act 1926 1926,p.1059) am. by 18,
1928, s.59;
rep.
by 45, 1934,
s. 2 (3))
as
amended
by
18, 1928 22 June 1928 (see 18, (see 18, 1928
1928 below) below)
Statute Law Revision 45, 1934 6 Aug 1934 6 Aug 1934
Act
1934
Commonwealth 8, 1927 8 Apr1927 8 Apr 1927
Conciliation and
Arbitration Act 1927
Commonwealth 18, 1928 22 June 1928 13 Aug 1928 Ss.35 (2) and
59
Conciliation and (see Gazette (2) and
Arbitration Act 1928 1928, p.2298) rep. by 45,
1934,
s.2 (3))
as
amended
by
Statute Law 45, 1934 6 Aug 1934 6 Aug 1934
Revision Act 1934
Commonwealth 43, 1930 18 Aug 1930 18 Aug 1930
Conciliation and
Arbitration Act 1930
Statute Law Revision 45, 1934 6 Aug 1934 6 Aug 1934
Act
1934
Commonwealth 54, 1934 17 Dec 1934 17 Dec 1934
Conciliation and
Arbitration Act 1934
Commonwealth 14, 1946 18 Apr 1946 18 Apr 1946
Conciliation and
Arbitration Act 1946
Commonwealth 30, 1946 13 Aug 1946
Conciliation and
Arbitration Act (No.2)
1946
Commonwealth 10, 1947 20 May 1947 8 Oct 1947 Ss.3,4
Conciliation and (see Gazette and 26 (2)
Arbitration Act 1947 1947, p. 2915)
Salaries (Statutory 52, 1947 1 Nov 1947 1 Nov 1947 S.2(2)
Offices) Adjustment Act
1947 (a)
Judges' Pensions Act 65, 1948 9 Dec 1948 9 Dec 1948
1948
Commonwealth 77, 1948 17 Dec 1948 17 Dec 1948
Conciliation and
Arbitration Act 1948
Commonwealth 28, 1949 12 July 1949
Conciliation and
Arbitration Act 1949
Commonwealth 86, 1949 29 Oct 1949 29 Oct 1949 S.5
Conciliation and
Arbitration Act
(No.2)
1949
Salaries (Statutory 51, 1950 14 Dec 1950 01 July 1950
Offices) Adjustment
Act
1950 (a)
Statute Law Revision 80, 1950 16 Dec 1950 31 Dec 1950 Ss. 16 and 17
Act 1950
Conciliation and 18, 1951 19 July 1951 19 July 1951
Arbitration Act
(No.2) 1951
Conciliation and 58, 1951 11 Dec 1951 11 Dec 1951
Arbitration Act
(No.3) 1951
Conciliation and 34, 1952 17 June 1952 27 June 1952 S.20 (2) and
(3)
Arbitration Act 1952 (see
Gazette 1952
,p. 2977)
Judges' Remuneration 17, 1955 9 June 1955 1 Jan 1955
Act 1955 (a)
Salaries Adjustment 18, 1955 10 June 1955 10 June 1955 S. 3 (2)
Act 1955
Conciliation and 54, 1955 3 Nov 1955 3 Nov 1955
Arbitration Act 1955
Conciliation and 44, 1956 30 June 1956 Ss.1-5,12,18, Ss.30 (2),
Arbitration Act 1956 20,22-24, 45-48, 48A,
31 and 44: 49-53 and
Royal Assent 54 (2)
(s.46am.
Remainder: by 103, 1956,
14 Aug 1956 s.23; s.48A
ad.
(see Gazette by 103, 1956,
p.2489) s.24)
as
amended
by
103, 1956 15 Nov 1956 (see 103, 1956
below)
Statute Law 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and
Revision (10)
Act 1973
Conciliation and 103, 1956 15 Nov 1956 Ss. 23 and
24; 14 Aug
Arbitration Act 1956
(No.2) 1956 Remainder:
Royal Assent
Conciliation and 30, 1958 21 May 1958 21 May 1958 Ss.4 (2), 14
(2)
Arbitration Act 1958 and 40
Conciliation and 40, 1959 22 May 1959 Ss. 3 and 4
Arbitration Act 1959 (1): 14 Aug
1956
Remainder:
Royal Assent
Conciliation and 15, 1960 14 May 1960 14 May 1960
Arbitration Act 1960
Salaries (Statutory 17, 1960 17 May 1960 17 May 1960 S. 2
Offices)
Adjustment Act
1960 (a)
Judges' Remuneration 110, 1960 16 Dec 1960 1 Oct 1960
Act 1960 (a)
Conciliation and 40, 1961 6 June 1961 6 June 1961
Arbitration Act 1961
Conciliation and 99, 1964 20 Nov 1964 20 Nov 1964 S.4 (2)
Arbitration Act 1964
Salaries (Statutory 115, 1964 23 Nov 1964 23 Nov 1964 S.2
Offices)
Adjustment Act
(No.2) 1964 (a)
Conciliation and 22, 1965 28 May 1965 28 May 1965
Arbitration Act 1965
Judges' Remuneration 92, 1965 4 Dec 1965 1 July 1965
Act 1965 (a)
Conciliation and 64, 1966 29 Oct 1966 29 Oct 1966
Arbitration Act 1966
Statute Law Revision 93, 1966 29 Oct 1966 1 Dec 1966
(Decimal Currency)
Act 1966
Conciliation and 101, 1967 10 Nov 1967 Ss. 4-6 22
Arbitration Act 1967 Nov 1967 (see
Gazette 1967,
p. 6355)
Remainder:
Royal Assent
Conciliation and 38, 1968 18 June 1968 18 June1968 S.5
Arbitration Act 1968
Conciliation and 12, 1969 23 Apr 1969 23 Apr 1969
Arbitration Act 1969
Conciliation and 15, 1969 23 Apr 1969 23 Apr 1969
Arbitration Act
(No.2) 1969
Judges' Remuneration 40, 1969 14 June 1969 14 June 1969
Act 1969 (a)
Conciliation and 53, 1970 24 June1970 24 June 1970 Ss.6 (2), 7
(2),
Arbitration Act 1970 13 (2) and 20
Conciliation and 37, 1972 2 June1972 Part I (ss. Ss. 12 (2),
Arbitration Act 1972 1-3),ss.6, 41 (2),55 (2),
8-11, 17,21(3) and 56-70
39,40: 44, (s.60 am. by
80,
46-48 51:53, 1982,s.59)
55,56, 58-61
:68 and 70:
Royal Assent
S.41: 27 July
1972 (see
Gazette 1972,
No.68, p.1)
S.50: 1 Jan
1973 (see
Gazette 1972,
No.84,
p.2)
S.54:11 Sept
1972 (see
Gazette 1972,
No.84,
p.2)
Ss.52 and 69:
26 May
1972
Remainder: 4
Aug 1972
(see Gazette
1972,
No.68,p.1)
as
amended
by
Statute Law 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9(1) and
10
Revision
Act 1973
Statute Law 80, 1982 22 Sept 1982 Part XXI
(Miscellaneous (ss. 58 and
Amendments) Act 59):
(No.2) 1982 2 June 1972
(b)
Conciliation and 138, 1973 13 Nov 1973 S.11:2 June Ss.8 (2),
(3),
Arbitration Act 1972 29 (2),41
(2),
1973 Remainder: 48 (2), (3),
Royal Assent 49 (2) and
65 (2)
Statute Law Revision 216, 1973 19 Dec 1973 31 Dec 1973 Ss.9 (1) and
10
Act 1973
as
amended
by
20, 1974 25 July 1974 31 Dec 1974
Conciliation and 89, 1974 29 Oct 1974 29 Oct 1974 Ss. 5 (2) and
Arbitration 9 (2)
(Organizations) Act
1974
Conciliation and 64, 1975 19 June 1975 19 June 1975 S.8
Arbitration Act
1975
as
amended
by
64, 1977 16 June 1977 (see 64, S.12 (2)
1977 below)
Conciliation and 3, 1976 4 Mar 1976 4 Mar 1976
Arbitration Act
1976
Conciliation and 64, 1976 9 June 1976 Ss.1,2,11 Ss. 5(2) and
Arbitration and 15 (in 10 (2)
Amendment so far as it
Act 1976 amends ss. 4
and
103B of the
Principal
Act): Royal
Assent
S. 13: 9 Aug
1976 (see
Gazette
1976, No.
S121,
p. 1)
Remainder:
8 July 1976
(see Gazette
1976,
No. S121,
p.1)
Administrative Changes 91, 1976 20 Sept 1976 20 Sept 1976 S. 4
(Consequential (c)
Provisions) Act 1976
Conciliation and 117, 1976 12 Nov 1976 12 Nov 1976
Arbitration
Amendment
Act (No. 2) 1976
Conciliation and 160, 1976 9 Dec 1976 1 Feb 1977 Ss. 4 and 5
Arbitration (see Gazette
Amendment 1977,
Act (No. 3) 1976 No. S3, p.2)
Conciliation and 64, 1977(d) 16 June 1977 Ss. 1,2,4,11 S. 8 (2)
Arbitration and 12:
Amendment Royal Assent
Act 1977 Ss. 3 (a)
and (d) and
5-9:
1 Mar 1978
(see Gazette
1978, No.S40,
p.1)
Ss.3(b) and
(c):3 Oct
1977 (see
Gazette 1977,
No.S171,
p. 1) S. 10,
in so far as
it inserts in
the Principal
Act those
amendments
and other
provisions
which have
not previously
come into
operation -
Ss. 126A (1)
- (4), 126D-
126N and
126R: 3 Oct
1977 (see
Gazette 1977,
No.S171,p.1)
Ss. 126A (5)
and (6),
126B,
126C, 126P,
and 126Q,
being the
remainder: 1
Mar 1978 (see
Gazette 1978,
No. S40, p.1)
Conciliation and 108, 1977 21 Oct 1977 Ss. 5, 17, Ss. 8 (2),
Arbitration Amendment 1978 (see 14 (2),17(2),
Act (No.3) 1977 Gazette 1978, 18 (2), 20
(2)
No. S254, p.1) and 31
S. 11:13 Mar
1978(see
Gazette 1978,
No. S51,
p. 1)
Ss. 15 and 28:
(see Note
3)
S. 19:9 Nov
1977 (see
Gazette 1977,
No. G44,
p.2)
Ss. 23 (a)
and (b), 24,
25
and 31:30 Dec
1980 (see
Gazette 1980,
No. S183,
p.1)
Remainder:
Royal Assent
Remuneration and 111, 1977 28 Oct 1977 Ss. 1,2,5,9 S. 10(2)
Allowances Amendment (2), 13,16,18
Act 1977 and 19 (2):
Royal Assent
Remainder: 1
June 1977
Conciliation and 124, 1977 10 Nov 1977 Ss. 8 (1) Ss. 6 (2) and
Arbitration Amendment and 10:26 Feb 8 (2)
Act (No.2) 1977 1978 (see s.
2 (2) and
Gazette 1978
No. G8, p.24)
Remainder: 5
Dec 1977
(see s.2 (1)
and Gazette
1977, No.
S273, p.1)
Conciliation and 53, 1978 15 June 1978 19 June 1978 Ss. 3 (2) and
Arbitration Amendment (see 4 (2)
(Federal Court of Gazette 1978,
Australia) Act 1978 No. S105, p.1)
Conciliation and 110, 1979 25 Oct 1979 25 Oct 1979
Arbitration Amendment
Act 1979
Conciliation and 35, 1980 22 May 1980 Ss. 1-3:
Arbitration Royal Assent
Amendment Remainder: 30
Act 1980 Dec 1980
(see s.2 (2)
and Gazette
1980, No.
S183, p.1)
Conciliation and 36, 1980 22 May 1980 1 June 1980
Arbitration (see Gazette
Amendment 1980, No. G21
Act (No.2) 1980 ,p. 2)
Conciliation and 90, 1980 29 May 1980 29 May 1980
Arbitration (see s. 2)
(Boycotts)
Amendment Act 1980
Statute Law Revision 61, 1981 12 June 1981 S. 115:
Act 1981 Royal Assent (e)
Conciliation and 71, 1981 17 June 1981 Ss. 3, 6-9
Arbitration and 16: 15
Amendment Act 1981 July 1981 (see
Gazette 1981,
No. S144, p.1)
S. 4:20 July
1982 (see
Gazette 1982,
No. G29,
p.2)
Remainder:
Royal Assent
Conciliation and 143, 1982 31 Dec 1982 24 Jan 1983
Arbitration (see Gazette
(Management of 1983, No.S11, p.1)
Organizations)
Amendment Act 1982
Conciliation and 33, 1983 19 June 1983 Ss. 1 and 2: Ss. 28 and 29
Arbitration Royal Assent
Amendment Remainder:
Act 1983 1 July 1983
(see Gazette
1983,
No. S124, p.1)
Conciliation and 115, 1983 16 Dec 1983 Ss. 3, 6-10, S.43
Arbitration 14, 16,
Amendment 22 (3), 39-41
Act (No. 2) 1983 and 43: 1
June 1984
(see Gazette
1984, No.
S201, p.1)
S. 12:27 Feb
1984 (see
Gazette 1984,
S68, p.1)
S. 22 (1): 30
Nov 1979
S. 27: (f)
Remainder:
Royal Assent
as
amended
by
162, 1984 25 Oct 1984 (see 162,
1984 below)
Commonwealth 144, 1983 22 Dec 1983 21 Feb 1984 S.156
Electoral (see Gazette
Legislation 1984, No.
Amendment S.62, p.1)
Act 1983
Conciliation and 162, 1984 25 Oct 1984 S.13: 1 June Ss. 4(2) and
Arbitration 1984 (see 6 (2)
Amendment s. 2(2) and
Act 1984 Gazette
1984, No.
S201, p.1)
S.14: 16 Dec
1983
Remainder:
Royal Assent
as
amended
by
Statute Law 65, 1985 5 June 1985 S. 3: 25 Oct
(Miscellaneous 1984 (g)
Provisions) Act
(No. 1)
1985
Statute Law 65, 1985 5 June 1985 S. 3: (h)
(Miscellaneous
Provisions) Act
(No. 1)
1985
Statute Law 193, 1985 16 Dec 1985 S. 3: Royal S.16
(Miscellaneous Assent (j)
Provisions) Act
(No. 2) 1985
-------------------------------------------------------------------------------
(a) The Acts marked (a) were repealed by section 7 of the Statute Law
Revision
Act 1973. That section provides that the repeals do not affect the operation
of
any amendment made by a repealed Act or any provision made by it for the
citation of an Act as so amended.
(b) The Conciliation and Arbitration Act 1972 was amended by Part XXI
(sections
58 and 59) only of the Statute Law (Miscellaneous Amendments) Act (No.2)
1982,
sub-section 2 (9) of which provides as follows:
"(9) Part XXI shall be deemed to have come into operation on 2 June 1972."
(c) The Conciliation and Arbitration Act 1904 was amended by section 3 only
of
the Administrative Changes (Consequential Provisions) Act 1976 sub-section
2(7)
of which provides as follows:
"(7) The amendments of each other Act specified in the Schedule made by
this
Act shall be deemed to have come into operation on 22 December 1975."
(d) Section 4 of the Conciliation and Arbitration Amendment Act 1977 is
deemed
never to have had effect (see section 9 (2) of the Remuneration and
Allowances
Amendment Act 1977) .
(e) The Conciliation and Arbitration Act 1904 was amended by section 115 only
of the Statute Law Revision Act 1981, sub-section 2(1) of which provides as
follows:
"(1) Subject to this section, this Act shall come into operation on the day
on which it receives the Royal Assent."
(f) Section 27 of the Conciliation and Arbitration Amendment Act (No.2) 1983
was to come into operation on a date to be fixed by Proclamation.
Section 27 provided for the amendment of section 139 of the Conciliation
and
Arbitration Act 1904. Section 27 was repealed by the Conciliation and
Arbitration Amendment Act 1984 before a date was fixed for its commencement.
(g) The Conciliation and Arbitration Amendment Act 1984 was amended by
section
3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985,
sub-section 2 (13) of which provides as follows:
"(13) The amendment of sub-section 133AB (2) of the Conciliation and
Arbitration Act 1904 and paragraph 6 (1) (c) of the Conciliation and
Arbitration
Amendment Act 1984 made by this Act shall be deemed to have come into
operation
immediately after the commencement of section 1 of the Conciliation and
Arbitration Act 1984."
(h) The Conciliation and Arbitration Act 1904 was amended by section 3 only
of
the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, sub-sections 2
(13)
and (14) of which provide as follows:
"(13) The amendment of sub-section 133AB (2) of the Conciliation and
Arbitration Act 1904 and paragraph 6 (1) (c) of the Concilation and
Arbitration
Amendment Act 1984 made by this Act shall be deemed to have come into
operation
immediately after the commencement of section 1 of the Conciliation and
Arbitration Act 1984.
"(14) The amendments of Part VIIIAA of the Conciliation and Arbitration Act
1904 made by this Act shall come into operation on a day to be fixed by
Proclamation."
The date of the commencement of section 1 of the Conciliation and
Arbitration
Amendment Act 1984 was 25 October 1984.
In pursuance of sub-section 2 (14) the date fixed for the commencement of
the
amendments of Part VIIIAA was 30 June 1986 (see Gazette 1986, No. S313, p.
1).
(j) The Conciliation and Arbitration Act 1904 was amended by section 3 only
of
the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, sub-section 2(1)
of
which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the day
on
which it receives the Royal Assent."
Table of Amendments
Certain provisions of the Conciliation and Arbitration Act 1904, as
amended,
were repealed either prior to re-numbering by the Commonwealth Conciliation
and
Arbitration Act 1947 (No. 10, 1947) or by that Act. The amendment history of
the
repealed provisions appears in Table 1 below -
TABLE 1
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
--------------------------------------------------------------------------------
Provision affected How affected
--------------------------------------------------------------------------------
S.5 . . . . . . . . rep. No. 43, 1930
Heading to Part II . . . rep. No. 43, 1930
S.6 . . . . . . . . am. No. 22, 1926; No. 18, 1928
rep. No. 43, 1930
S.6A . . . . . . . ad. No. 31, 1920
am. No. 18, 1928
rep. No. 43, 1930
S.6B . . . . . . . . ad. No. 18, 1928
rep. No. 43, 1930
S.7 . . . . . . . . am. No. 6, 1911
rs. No. 18, 1928
rep. No. 43, 1930
S.8 . . . . . . . . am. No. 31, 1920; No. 18, 1928
rep. No. 43, 1930
S.10 . . . . . . . . rs. No. 28, 1909
am. No. 6, 1911
rep. No. 18, 1914
ad. No. 18, 1928
rep. No. 43, 1930
Part III (ss. 11-13, 13A, 14, rep. No. 10, 1947
14A, 14B, 15, 16, 16A, 17,
17A, 18, 18A, 18AA,
18B-18D, 19, 19A, 19B, 20,
21, 21AA, 21A, 21B, 21BA,
22-25, 25A-25C, 26-30,
30A, 31, 31A, 32-35, 35A,
36-38, 38A, 38B, 38BA,
38D, 39, 40, 40A, 41-43)
S.13A . . . . . . . ad. No. 14, 1946
rep. No. 10, 1947
S.14A . . . . . . . ad. No. 5, 1914
rep. No. 39, 1918
ad. No. 22, 1926
rep. No. 10, 1947
S.14B . . . . . . . ad. No. 22, 1926
am. No. 30, 1946
rep. No. 10, 1947
Heading to Div. 2 of Part III am. No. 22, 1926
rep. No. 10, 1947
S.16A . . . . . . . ad. No. 7, 1910
am. No. 6, 1911; No. 31, 1920; No.22, 1926;
No. 18, 1928
rep. No. 10, 1947
S. 17A . . . . . . . ad. No. 6, 1911
am. No. 22, 1926; No. 18, 1928
rep. No. 10, 1947
S. 18A . . . . . . . ad. No. 31, 1920
am. No. 22, 1926; No. 18, 1928; No. 43, 1930
rep. No. 10, 1947
S. 18AA . . . . . . . ad. No. 18, 1928
am. No. 43, 1930
rep. No. 10, 1947
S.18B . . . . . . . ad. No. 22, 1926
am. No. 14, 1946
rep. No. 10, 1947
S. 18C . . . . . . . ad. No. 22, 1926
am. No. 18, 1928
rs. No. 43, 1930
rep. No. 10, 1947
S. 18D . . . . . . . ad. No. 18, 1928
rep. No. 10, 1947
S. 19A . . . . . . . ad. No. 18, 1914
rep. No. 10, 1947
S.19B . . . . . . . ad. No. 18, 1928
am. No. 43, 1930
rep. No. 10, 1947
S. 21AA . . . . . . . ad. No. 18, 1914
am. No. 31, 1920; No. 43, 1930
rep. No. 10, 1947
S. 21A . . . . . . . ad. No. 7, 1910
am. No. 22, 1926; No. 18, 1928
rep. No. 10, 1947
S. 21B . . . . . . . ad. No. 18, 1914
am. No. 18, 1928
rep. No. 10, 1947
S.21BA . . . . . . . ad. No. 18, 1928
rep. No. 10, 1947
S. 25A . . . . . . . ad. No. 18, 1928
am. No. 43, 1930
rep. No. 10, 1947
S. 25B . . . . . . . ad. No. 18, 1928
rep. No. 10, 1947
S. 25C . . . . . . . ad. No. 18, 1928
am. No. 43, 1930
rep. No. 10, 1947
S. 25D . . . . . . . ad. No. 18, 1928
rep. No. 43, 1930
S. 30A . . . . . . . ad. No. 18, 1928
rep. No. 10, 1947
S. 31A . . . . . . . ad. No. 43, 1930
rep. No. 10, 1947
Heading to Div. 4 of Part III am. No. 22, 1926; No. 18, 1928
rep. No. 10, 1947
S. 35A . . . . . . . ad. No. 18, 1928
rep. No. 10, 1947
S. 38A . . . . . . . ad. No. 7, 1910
am. No. 43, 1930
rep. No. 10, 1947
S. 38B . . . . . . . ad. No. 7, 1910
am. No.6, 1911; No. 43, 1930
rep. No. 10, 1947
S. 38BA . . . . . . . ad. No. 43, 1930
rep. No. 10, 1947
S. 38C . . . . . . . ad. No. 18, 1928
rep. No. 43, 1930
S. 38D . . . . . . . ad. No. 18, 1928
am. No. 43, 1930
rep. No. 10, 1947
S. 40A . . . . . . . ad. No.7, 1910
am. No. 6, 1911; No. 31, 1920; No. 18, 1928;
No. 43, 1930
rep. No. 10, 1947
S. 47 . . . . . . . am. No. 18, 1928
rep. No. 43, 1930
S. 48 . . . . . . . am. No. 39, 1918; No. 31, 1920; No. 22, 1926
rep. No. 43, 1930
S. 50 . . . . . . . am. No. 18, 1928
rep. No. 43, 1930
S. 50B . . . . . . . ad. No. 18, 1928
rep. No. 10, 1947
Ss.56A-56C . . . . . ad.No.18, 1928
rep.No.43, 1930
Ss.56E,56F . . . . . ad.No.18, 1928
rep.No.43, 1930
Heading preceding s.62 . rep.No.45, 1934
S.62 . . . . . . . am.No.6, 1911;No.22, 1926
rep.No.43, 1930
S.63 . . . . . . . rep.No.43, 1930
S.64 . . . . . . . am.No.22, 1926
rep.No.43, 1930
S.65 . . . . . . . rep.No.10, 1947
Ss.70A,70B . . . . . ad.No.18, 1928
rep.No.43, 1930
S.82 . . . . . . . rep.No.18, 1928
S.86A . . . . . . . ad.No.18, 1928
rep.No.43, 1930
Ss.86C,86D . . . . . ad.No.18, 1928
rep.No.43, 1930
S.87 . . . . . . . rep.No.43, 1930
S.88 . . . . . . . rep.No.10, 1947
--------------------------------------------------------------------------------
Certain provisions of the Conciliation and Arbitration Act 1904, as amended
(and re-numbered by Act No. 10, 1947), were repealed either prior to
re-numbering by the Conciliation and Arbitration Act 1956 (No. 44, 1956) or
by
that Act. The amendment history of the repealed provisions appears in Table 2
below -
TABLE 2
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and
substituted
--------------------------------------------------------------------------------
Provision affected How affected
--------------------------------------------------------------------------------
Part II(ss. 6-16) . . . . ad.No.10, 1947
Part II(ss. 6-14,14A,14B, rep.No.44, 1956
15,16,16A)
Ss.14A,14B . . . . . ad.No.34, 1952
rep.No.44, 1956
S.24A . . . . . . . ad.No.34, 1952
rs.No.54, 1955
rep.No.44, 1956
S.26 . . . . . . . am.No.18, 1928;No.43, 1930
rs.No.10, 1947;No.34, 1952
rep.No.44, 1956
S.27 . . . . . . . am.No.6, 1911;No.18,
1914;No.22,1926;No.18,1928;
No.43, 1930
rs.No.10, 1947
rep.No.44, 1956
S.28 . . . . . . . am.No.22, 1926;No.18, 1928
rs.No.10, 1947
am.No.10, 1947
rep.No.44, 1956
S.29 . . . . . . . am.No.22, 1926
rs.No.18, 1928;No.43, 1930;No.10, 1947
am.No.10, 1947;No.18, 1951
rep.No.44, 1956
S.29A . . . . . . . ad.No.18, 1951
am.No.34, 1952
rep.No.44, 1956
S.30 . . . . . . . rs.No.18, 1928;No.43,
1930;No.10,1947;No.34,1952
rep.No.44, 1956
S. 31 . . . . . . . am. No. 43, 1930
rs. No. 10, 1947
am. No. 10, 1947
rep. No. 44, 1956
S. 31A . . . . . . . ad. No. 34, 1952
rep. No. 44, 1956
S.32 . . . . . . . am. No. 18, 1928
rs. No. 10, 1947
am. No. 34, 1952
rep. No. 44, 1956
S.33 . . . . . . . am. No. 31, 1920
rs. No. 10, 1947
rep. No. 44, 1956
Part IV (ss. 34-58) . . . ad. No. 10, 1947
Part IV (ss. 34-47, 47A, rep. No. 44, 1956
48-58)
S.47 . . . . . . . ad. No. 10, 1947
rep. No. 44, 1956
S.47A . . . . . . . ad. No. 34, 1952
rep. No. 44, 1956
S.48 . . . . . . . ad. No. 10, 1947
am. No. 18, 1951
rep. No. 44, 1956
S.49 . . . . . . . ad. No. 10, 1947
am. No. 10, 1947
rep. No. 44, 1956
Ss. 50,51 . . . . . . . ad. No. 10, 1947
rep. No. 44, 1956
S.52 . . . . . . . ad. No. 10, 1947
am. No. 34, 1952
rep. No. 44, 1956
Ss. 53,54 . . . . . . . ad. No. 10, 1947
rep. No. 44, 1956
S. 55 . . . . . . . ad. No. 10, 1947
rs. No. 34, 1952
rep. No. 44, 1956
Ss. 56-58 . . . . . . . ad. No. 10, 1947
rep. No. 44, 1956
Heading preceding s. 66 . . rep. No 28, 1949
Heading to Div. 1 of Part ad. No. 28, 1949
VI rep. No. 44, 1956
Heading preceding s. 70 . rep. No. 28, 1949
Heading to Div. 2 of Part VI ad. No. 28, 1949
rep. No. 44, 1956
S. 72 . . . . . . . ad. No. 18, 1928
rs. No. 18, 1951
rep. No. 44, 1956
S. 73 . . . . . . . ad. No. 18, 1928
rep. No. 44, 1956
S. 76 . . . . . . . ad. No. 6, 1911
am. No. 18, 1914; No. 18, 1928
rep. No. 44, 1956
Heading preceding s. 85 . rep. No. 28, 1949
Heading to Div. 3 of Part VI rep. No. 44, 1956
Ss. 106-109 . . . . . . . ad. No. 10, 1947
rep. No. 44, 1956
Heading to Schedules . . rep. No. 44, 1956
Schedule A . . . . . . . am. No. 22, 1926
rs. No. 10, 1947
rep. No. 44, 1956
Heading to Schedule B . . am. No. 18, 1928
rep. No. 44, 1956
Schedule B . . . . . rs. No. 7, 1910
am. No. 18, 1928
rep. No. 44, 1956
--------------------------------------------------------------------------------
The amendment history of the Conciliation and Arbitration Act 1904 after
re-numbering by the Commonwealth Conciliation and Arbitration Act 1947 and
the
Concilation and Arbitration Act 1956 appears in Table 3 below -
TABLE 3
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
--------------------------------------------------------------------------------
Provision affected How affected
--------------------------------------------------------------------------------
Title . . . . . . . am. No. 44, 1956
rs. No. 101, 1967
S.2 . . . . . . . . am. No. 43, 1930
rs. No. 10, 1947; No. 44, 1956
am. No. 138, 1973
S.3 . . . . . . . . am. No. 22, 1926; No. 18, 1928; No. 43, 1930
rs. No. 10, 1947
am. No. 10, 1947; No. 28, 1949
rs. No. 44, 1956
am. No. 103, 1956; No. 30, 1958; No. 101,
1967;
No. 138,
1973
rep. No. 89, 1974
s.4 . . . . . . . . am. No. 7, 1910, No. 6, 1911; No. 31, 1920;
No. 22, 1926; No. 43, 1930;
No. 45, 1934; No. 10, 1947; No. 28, 1949;
No. 18, 1951; No. 34, 1952;
Nos. 44 and 103, 1956; No. 30, 1958;
No. 40, 1959; No. 22, 1965;
No. 64, 1966; No. 12, 1969; No. 53, 1970;
No. 37, 1972; No. 138, 1973;
Nos. 64 and 117, 1976; Nos. 64 and 108, 1977;
No. 71, 1981; Nos. 33
and 115, 1983
S.4A . . . . . . . ad. No. 36, 1980
S.5 . . . . . . . . rs. No. 28, 1909
am. No. 6, 1911
rs. No. 18, 1914
am. No. 31, 1920; No. 22, 1926; No. 18, 1928;
No. 10, 1947; No. 54,
1955; No. 93, 1966; No. 37, 1972; No. 138,
1973;
No. 108, 1977;
No. 71, 1981; No. 115, 1983 (as am. by No.
162,
1984)
Heading to Part II . . . am. No. 138, 1973
Part II (ss. 6-21) . . . . ad. No. 44, 1956
S.6 . . . . . . . . ad. No. 10, 1947
rs. No. 44, 1956
am. No. 37, 1972; No. 138, 1973
S. 7. . . . . . . . . am. No. 31, 1920; No. 22, 1926
rs. No. 10, 1947; No. 44, 1956
am. No. 30, 1958; No. 37, 1972; No. 138, 1973
and No. 216, 1973
(as am. by No. 20, 1974); No. 115, 1983
S.8 . . . . . . . . rs. No. 22, 1926; No. 10, 1947; No. 44, 1956
am. No. 93, 1966; No. 40, 1969; No. 138,
1973;
No. 64, 1977
rs. No. 111, 1977
S.9 . . . . . . . . rs. No. 22, 1926; No. 10, 1947; No. 44, 1956;
No. 30, 1958
am. No. 37, 1972; No. 138, 1973; No. 115,
1983
S. 10 . . . . . . . rs. No. 39, 1918
am. No. 31, 1920; No. 29, 1921
rs. No. 22, 1926; No. 10, 1947
am. No. 51, 1950; No. 18, 1955
rs. No. 44, 1956
am. No. 30, 1958; No. 37, 1972; No. 162, 1984
S. 10A . . . . . . . ad. No. 64, 1966
S. 11 . . . . . . . am. No. 22, 1926; No. 18, 1928
rs. No. 10, 1947; No. 44, 1956
am. No. 138, 1973
S. 11A . . . . . . . ad. No. 30, 1958
S. 12 . . . . . . . . am. No. 22, 1926; No. 18, 1928
rs. No. 10, 1947; No. 44, 1956
am. No. 12, 1969; No. 37, 1972; No. 138, 1973
and No. 216, 1973
(as am. by No. 20, 1974); No. 64, 1976;
No. 115, 1983; No. 193, 1985
S. 12A . . . . . . . . ad. No. 193, 1985
S. 13 . . . . . . . . am. No. 22, 1926
rs. No. 18, 1928; No. 10, 1947; No. 77, 1948
am. No. 86, 1949; Nos. 18 and 58, 1951;
No. 34, 1952
rs. No. 44, 1956
am. No. 115, 1983
S. 14 . . . . . . . . rs. No. 10, 1947
am. No. 10, 1947
rs. No. 44, 1956
am. No. 115, 1983
S. 15 . . . . . . . . am. No. 7, 1910; No. 6, 1911; No. 18, 1914;
No. 31, 1920; No. 22, 1926; No. 18, 1928
rs. No. 10, 1947; No. 44, 1956
am. No. 216, 1973; No. 115, 1983; No. 162,
1984
S.16 . . . . . . . . rs. No. 18, 1928
am. No. 43, 1930
rs. No. 10, 1947
am. No. 34, 1952
rs. No. 44, 1956
am. No. 17, 1960; No. 115, 1964; No. 93,
1966;
No. 38, 1968
rs. No. 37, 1972
am. No. 138, 1973
rs. No. 111, 1977
S. 16A . . . . . . . . ad. No. 71, 1981
S. 17 . . . . . . . . ad. No. 34, 1952
rs. No. 44, 1956; No. 37, 1972
am. No. 138, 1973; No. 115, 1983
Ss. 18, 19 . . . . . . ad. No. 44, 1956
rep. No. 37, 1972
S. 20 . . . . . . . . ad. No. 44, 1956
rs. No. 12, 1969
rep. No. 37, 1972
S. 21 . . . . . . . ad. No. 44, 1956
am. No. 17, 1960; No. 115, 1964; No. 93,
1966;
No. 38, 1968
rep. No. 37, 1972
Part III (ss.22-88) . . . ad. No. 44, 1956
Ss. 18-20 . . . . . . rs. No. 37, 1972
S. 21 . . . . . . . . rs. No. 37, 1972
am. No. 138, 1973
S. 22 . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973
S. 22AA . . . . . . . ad. No. 115, 1983
S. 22A . . . . . ad. No. 110, 1979
am. No. 115, 1983
S. 23 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973; No. 115, 1983
S. 24 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
S. 25 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973
S. 25A . . . . . . . ad. No. 110, 1979
S. 26 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973
S. 27 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973; No. 115, 1983
S. 28 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973
S. 29 . . . . . . ad. No. 44, 1956
am. No. 93, 1966
rs. No. 37, 1972
am. No. 138, 1973; No. 115, 1983
S. 30 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973
S. 31 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973 and No. 216, 1973 (as am.
by
No. 20, 1974); No.
110, 1979; No. 115, 1983
S. 32 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973; No. 110, 1979; No. 115,
1983
S. 32A . . . . . . . ad. No. 53, 1970
rep. No. 37, 1972
S. 33 . . . . . . . . ad. No. 44, 1956
am. No. 44, 1956; No. 53, 1970
rs. No. 37, 1972
am. No. 138, 1973; No. 108, 1977; Nos. 33 and
115, 1983
S. 33A . . . . . . ad. No. 53, 1970
rep. No. 37, 1972
ad. No. 110, 1979
S. 34 . . . . . . . ad. No. 44, 1956
am. No. 40, 1959
rs. No. 37, 1972
am. No. 138, 1973; No. 64, 1976; No. 110,
1979;
No. 115, 1983
S. 34A . . . . . . ad. No. 110, 1979
am. No. 115, 1983
S. 35 . . . . . . . . ad. No. 44, 1956
am. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973; No. 108, 1977; No. 71,
1981;
No. 115, 1983
S. 36 . . . . . . . . ad. No. 44, 1956
am. No. 44, 1956; No. 30, 1958; No. 37, 1972;
No. 138, 1973; No. 110,
1979; No. 115, 1983
S. 36A . . . . . . ad. No. 64, 1976
am. No. 115, 1983
S. 37 . . . . . . . . ad. No. 44, 1956
rs. No. 30, 1958
am. No. 40, 1959; No. 37, 1972; No. 115, 1983
S. 38 . . . . . . . . ad. No. 44, 1956
S. 39 . . . . . . . . ad. No. 44, 1956
am. No. 37, 1972; No. 138, 1973; No. 64,
1976;
No. 110, 1979; No. 115,
1983
S. 40 . . . . . . . . ad. No. 44, 1956
am. No. 30, 1958; No. 37, 1972; No. 138, 1976
S. 41 . . . . . . . . ad. No. 44, 1956
am. No. 40, 1959; No. 93, 1966; No. 53, 1970;
No. 115, 1983
S. 41A . . . . . . . . ad. No. 103, 1956
am. No. 12, 1969; No. 138, 1973 and No. 216,
1973 (as am. by No.
20, 1974); No. 64, 1976; No. 110, 1979
rs. No. 115, 1983
S. 42 . . . . . . . . ad. No. 44, 1956
am. No. 93, 1966; No. 37, 1972; No. 115, 1983
S. 42A . . . . . . . . ad. No. 138, 1973
am. No. 115, 1983
S. 43 . . . . . . . . . ad. No. 44, 1956
am. No. 40, 1959
S. 44 . . . . . . . . ad. No. 44, 1956
am. No. 37, 1972
S. 44A . . . . . . . ad. No. 40, 1959
rs. No. 22, 1965
am. No. 115, 1983
S. 44B, 44C . . . . . ad. No. 115, 1983
S. 45 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 138, 1973; No. 108, 1977; No. 71,
1981;
Nos. 115 and 144, 1983
S. 45A . . . . . . . . ad. No. 37, 1972
am. No. 138, 1973 and No. 216, 1973 (as am.
by
No. 20, 1974);
No. 71, 1981; Nos. 33, 115 and 144, 1983
S. 45B . . . . . . . . ad. No. 71, 1981
S. 45C . . . . . . . . . ad. No. 71, 1981
am. No. 115, 1983
S. 46 . . . . . . . . ad. No. 44, 1956
am. No. 93, 1966
rs. No. 37, 1972
am. No. 138, 1973; No. 71, 1981; No. 115,
1983
S. 47 . . . . . . . . ad. No. 44, 1956
am. No. 138, 1973; No. 108, 1977; No. 115,
1983
S. 48 . . . . . . . . ad. No. 44, 1956
S. 49 . . . . . . . . ad. No. 44, 1956
am. No. 216, 1973 (as am. by No. 20, 1974);
No.
115, 1983
S. 49A . . . . . . . ad. No. 115, 1983
S. 50 . . . . . . . . ad. No. 44, 1956
am. No. 37, 1972
S. 51 . . . . . . . . ad. No. 44, 1956
Ss. 52, 53 . . . . . . ad. No. 44, 1956
am. No. 216, 1973 (as am. by No. 20, 1974)
S. 54 . . . . . . . ad. No. 44, 1956
rep. No. 103, 1956
ad. No. 138, 1973
am. No. 91, 1976; No. 64, 1977
rs. No. 33, 1983
am. No. 115, 1983
Ss. 55, 56 . . . . . . ad. No. 44, 1956
S. 57 . . . . . . . . AD. nO. 44, 1956
am. No. 138, 1973; No. 115, 1983
S. 58 . . . . . . . . ad. No. 44, 1956
am. No. 37, 1972; No. 138, 1973; No. 115,
1983
S. 59 . . . . . . . . . ad. No. 44, 1956
am. No. 37, 1972
Ss. 60, 61 . . . . . . ad. No. 44, 1956
S. 62 . . . . . . . . ad. No. 44, 1956
am. No. 37, 1972; No. 138, 1973; No. 108,
1977;
No. 33, 1983
S. 63 . . . . . . . . ad. No. 44, 1956
am. No. 53, 1970; No. 138, 1973; No. 64, 1976
Ss. 64, 65 . . . . . . ad. No. 44, 1956
S. 66 . . . . . . . . ad. No. 44, 1956
am. No. 37, 1972
S. 67 . . . . . . . . ad. No. 44, 1956
am. No. 37, 1972; No. 115, 1983
S. 68 . . . . . . . . ad. No. 44, 1956
am. No. 115, 1983
S. 69 . . . . . . . . . ad. No. 44, 1956
am. No. 30, 1958
S. 70 . . . . . . . . ad. No. 44, 1956
Div. 1A of Part III (ss. ad. No. 115, 1983
70A-70K)
Ss. 70A - 70K . . . . . ad. No. 115, 1983
S. 71 . . . . . . . . . ad. No. 44, 1956
am. No. 30, 1958; No. 138, 1973; No. 115,
1983
S. 72 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
am. No. 216, 1973 (as am. by No. 20, 1974)
S. 73 . . . . . . . . ad. No. 44, 1956
am. Nos. 44 and 103, 1956
rs. No. 37, 1972; No. 138, 1973
am. No. 64, 1976; No. 110, 1979; No. 115,
1983
S. 74 . . . . . . . . ad. No. 44, 1956
am. No. 103, 1956
rs. No. 37, 1972
am. No. 138, 1973; No. 115, 1983
S. 75 . . . . . . . . . ad. No. 44, 1956
am. No. 115, 1983
S. 76 . . . . . . . . ad. No. 44, 1956
am. No. 138, 1973; No. 71, 1981; No. 115,
1983
S. 77 . . . . . . . . ad. No. 44, 1956
rs. No. 37, 1972
S. 78 . . . . . . . . ad. No. 44, 1956
am. Nos. 44 and 103, 1956
rs. No. 37, 1972; No. 138, 1973
am. No. 64, 1976; No. 110, 1979; No. 115,
1983
S. 79 . . . . . . . . . ad. No. 44, 1956
rep. No. 115, 1983
S. 80 . . . . . . . . ad. No. 44, 1956
am. Nos. 44 and 103, 1956; No. 37, 1972; No.
138, 1973; No. 115, 1983
Heading to Div. 4 of Part III am. No. 124, 1977
S. 81 . . . . . . . . ad. No. 44, 1956
am. No. 124, 1977; No. 115, 1983
S. 81A . . . . . . . . . . ad. No. 124, 1977
am. No. 115, 1983
S. 82 . . . . . . . ad. No. 44, 1956
am. No. 40, 1961; No. 37, 1972; No. 216, 1973
(as am. by No. 20,
1974
S. 83 . . . . . . . . ad. No. 44, 1956
am. No. 40, 1961
rep. No. 124, 1977
S. 84 . . . . . . . . ad. No. 44, 1956
am. Nos. 44 and 103, 1956; No. 37, 1972; No.
138, 1973; No. 64, 1976;
No. 124, 1977; No. 110, 1979; No. 115, 1983
S. 85 . . . . . . . . ad. No. 44, 1956
rep. No. 124, 1977
S. 85A . . . . . . . . ad. No. 124, 1977
S. 86 . . . . . . . . ad. No. 44, 1956
am. Nos. 44 and 103, 1956; No. 138, 1973
rs. No. 124, 1977
S. 87 . . . . . . . . ad. No. 44, 1956
rs. No. 124, 1977
am. No. 115, 1983
S. 87A . . . . . . . . . ad. No. 124, 1977
S. 88 . . . . . . . . ad. No. 44, 1956
am. Nos. 44 and 103, 1956; No. 37, 1972;
1973;
No. 115, 1983
Div. 5 of Part III (ss. 88A-88D)ad. No. 103, 1956
S. 88A . . . . . . . ad. No. 103, 1956
am. No. 138, 1973; No. 115, 1983
S. 88B . . . . . . . ad. No. 103, 1956
am. No. 115, 1983
S. 88C . . . . . . . . ad. No. 103, 1956
rs. No. 37, 1972
S. 88CA . . . . . . . ad. No. 37, 1972
am. No. 138, 1973; No. 64, 1976; No. 110,
1979;
No. 115, 1983
S. 88D . . . . . . . ad. No. 103, 1956
rs. No. 37, 1972
am. No. 138, 1973; No. 115, 1983
Div. 5A of Part III ad. No. 90, 1980
(ss. 88DA-88DH)
Ss. 88DA, 88DB . . . . ad. No. 90, 1980
Ss. 88DC, 88DE . . . . ad. No. 90, 1980
am. No. 115, 1983
Ss. 88DF-88DH . . . . ad. No. 90, 1980
Div. 6 of Part III (ss. 88E-88G)ad. No. 30, 1958
S. 88E . . . . . . . am. No. 30, 1958
am. No. 37, 1972; No. 115, 1983
S. 88F . . . . . . . ad. No. 30, 1958
am. No. 37, 1972
S.88G . . . . . . . ad. No. 30, 1958
Part IIIA (ss. 88H-88Z, ad. No. 101, 1967
88ZA-88ZE)
S.88H . . . . . . . ad. No. 101, 1967
am. No. 138, 1973; No. 115, 1983
S.88J . . . . . . . ad. No. 101, 1967
S.88K . . . . . . . ad. No. 101, 1967
am. No. 2168 1973 (as am. by No. 20, 1974);
No. 115, 1983
Ss. 88L, 88M . . . . . ad. No. 101, 1967
S. 88N . . . . . . . ad. No. 101, 1967
am. No. 138, 1973
S. 88P . . . . . . . ad. No. 101, 1967
S. 88Q . . . . . . . ad. No. 101, 1967
am. No. 138, 1973
S. 88R . . . . . . . ad. No. 101, 1967
am. No. 138, 1973; No. 115, 1983
S. 88S . . . . . . . ad. No. 101, 1967
am. No. 138, 1973
S. 88T . . . . . . . ad. No. 101, 1967
am. No. 37, 1972; No. 138, 1973; No. 64, 1975
S. 88U. . . . . . . . ad. No. 101, 1967
am. No. 216, 1973 (as am. by No. 20, 1974);
No. 115, 1983
S. 88V. . . . . . . . ad. No. 101, 1967
am. No. 53, 1970; No. 37, 1972; No. 138,
1973;
No. 64, 1975
Ss. 88W-88Y . . . . . ad. No. 101, 1967
S. 88Z . . . . . . . ad. No. 101, 1967
am. No. 53, 1970; No. 37, 1972; No. 38, 1973;
No. 143, 1982; No. 115,
1983
S. 88ZA . . . . . . . ad. No. 101, 1967
am. No. 37, 1972; No. 138, 1973; No. 110,
1979;
No. 115, 1983
S. 88ZB . . . . . . . ad. No. 101, 1967
am. No. 138, 1973; No. 115, 1983
S. 88ZC . . . . . . . ad. No. 101, 1967
am. No. 138, 1973; No. 64, 1975; No. 115,
1983
S. 88ZD . . . . . . . ad. No. 101, 1967
am. No. 115, 1983
S. 88ZE . . . . . . . ad. No. 101, 1967
am. No. 53, 1970; No. 64, 1975; No. 64, 1976;
No. 115, 1983
S. 88ZF . . . . . . . ad. No. 64, 1975 (as am. by No. 64 1977)
am. No. 64, 1976; No. 110, 1979; No. 115,
1983
S. 88ZG . . . . . . . ad. No. 64, 1975 (as am. by No. 64, 1977)
am. No. 115, 1983
S. 88ZGA . . . . . ad. No. 64, 1976
am. No. 115, 1983
S. 88ZH . . . . . . ad. No. 64, 1975 (as am. by No. 64, 1977)
am. No. 64, 1976
Part IV (ss. 89-96, 97) . ad. No. 10, 1947
rep. No. 138, 1973
S. 89 . . . . . . . . am. No. 6, 1911; No. 18, 1914
rs. No. 10, 1947
rep. No. 138, 1973
S. 90 . . . . . . . . am. No. 18, 1914; No. 22, 1926; No. 18, 1928
rs. No. 10, 1947
rep. No. 138, 1973
S. 91 . . . . . . . . am. No. 43, 1930
rs. No. 10, 1947; No. 44, 1956
rep. No. 138, 1973
S. 92 . . . . . . . . am. No. 6, 1911; No. 18, 1914; No. 31, 1920;
No. 29, 1921; No. 22, 1926;
No. 18, 1928; No. 43, 1930
rs. No. 10, 1947
rep. No. 138, 1973
S. 93 . . . . . . . . am. No. 7, 1910; No. 6, 1911; No. 22, 1926;
No. 18, 1928; No. 43, 1930
rs. No. 10, 1947
am. No. 52, 1947; No. 51, 1950; No. 17, 1955;
No. 110, 1960; No. 92,
1965; No. 40, 1969; No. 138, 1973
rep. No. 138, 1973
S. 94 . . . . . . . . am. No. 43, 1930
rs. No. 10, 1947
rep. No. 65, 1948
ad. No. 44, 1956
rep. No. 138, 1973
S. 95 . . . . . . . . am. No. 7, 1910; No. 18, 1928; No. 43, 1930
rs. N 1947; No. 44, 1956
rep. No. 138, 1973
S. 96 . . . . . . . . am. No. 31, 1920; No. 18, 1928; No. 43, 1930
rs. No. 10, 1947; No. 34, 1952
am. No. 54, 1955
rs. No. 44, 1956
rep. No. 138, 1973
S. 96A . . . . . . . ad. No. 103, 1956
am. No. 53, 1970
rep. No. 138, 1973
S. 97 . . . . . . . . am. No. 18, 1914; No. 31, 1920; No. 29, 1921;
No. 43, 1930
rs. No. 10, 1947; No. 77, 1948
am. No. 86, 1949; No. 18, 1951; No. 34, 1952
rs. No. 44, 1956
rep. No. 138, 1973
Heading to Part V . . . am. No. 138, 1973
Part V (ss. 98-118) . . . ad. No. 44, 1956
S. 98 . . . . . . . . rs. No. 44, 1956
am. No. 15, 1960; No. 99, 1964; No. 64, 1966;
No. 15, 1969; No. 138,
1973; Nos. 3 and 64, 1976
S. 99 . . . . . . . . rs. No. 44, 1956
am. No. 138, 1973
S. 100 . . . . . . . rs. No. 44, 1956; No. 37, 1972
am. No. 216, 1973; No. 115, 1983
S. 101 . . . . . . . rs. No. 44, 1956
S. 102 . . . . . . . rs. No. 44, 1956
am. No. 110, 1960; No. 92, 1965; No. 93,
1966;
No. 40, 1969; No. 138,
1973
S. 103 . . . . . . . rs. No. 44, 1956
am. No. 138, 1973
S. 103A . . . . . . . ad. No. 99, 1964
am. No. 40, 1969; No. 138, 1973 and No. 216,
1973 (as am. by
No. 20, 1974)
S. 103B . . . . . . . ad. No. 64, 1966
am. No. 37, 1972; No. 64, 1976; No. 35, 1980
S. 104 . . . . . . . rs. No. 44, 1956
am. No. 44, 1956; No. 30, 1958; No. 22, 1965;
No. 37, 1972; No. 138,
1973; No. 115, 1983
S. 105 . . . . . . . rs. No. 44, 1956
am. No. 37, 1972; No. 115, 1983
S. 106 . . . . . . . am. No. 6, 1911; No. 18, 1914; No. 31, 1920;
No. 22, 1926; No. 18, 1928;
No. 43, 1930
rs. No. 10, 1947
am. No. 34, 1952
rs. No. 44, 1956
am. No. 30, 1958; No. 71, 1981; No. 115, 1983
S. 107 . . . . . . . am. No. 31, 1920; No. 18, 1928; No. 43, 1930
rs. No. 10, 1947; No. 44, 1956
am. No. 30, 1958; No. 115, 1983
S. 108 . . . . . . . rs. No. 7, 1910
am. No. 43, 1930; No. 45, 1934
rs. No. 10, 1947; No. 44, 1956
am. No. 44, 1956; No. 138, 1973; No. 115,
1983
S. 109 . . . . . . . am. No. 31, 1920; No. 22, 1926; No. 18, 1928
rs. No. 10, 1947; No. 44, 1956
am. No. 44, 1956; No. 30, 1958; No. 53, 1970;
No. 138, 1973; No. 108,
1977; Nos. 33 and 115, 1983
S. 109A . . . . . . . ad. No. 22, 1965
am. No. 102, 1967
rep. No. 53, 1970
S. 110 . . . . . . . am. No. 22, 1926; No. 18, 1928
rs. No. 10, 1947; No. 44, 1956
am. No. 30, 1958; No. 138, 1973
S. 111 . . . . . . . rs. No. 28, 1909
am. No. 22, 1926; No. 18, 1928
rs. No. 10, 1947; No. 44, 1956
am. No. 44, 1956; No. 93, 1966; No. 53, 1970;
No. 138, 1973; No. 115,
1983
S. 112 . . . . . . . ad. No. 10, 1947
rs. No. 44, 1956; No. 30, 1958
am. No. 115, 1983
S. 113 . . . . . . . . ad. No. 10, 1947
rs. No. 44, 1956
am. No. 138, 1973 and No. 216, 1973 (as am.
by
No. 20, 1974);
No. 115, 1983
S. 114 . . . . . . . . ad. No. 10, 1947
rs. No. 44, 1956
am. No. 44, 1956; No. 22, 1965; No. 53, 1970;
No. 138, 1973 and
No. 216, 1973 (as am. by No. 20, 1974)
S. 115 . . . . . . . ad. No. 10, 1947
rs. No. 44, 1956
S. 116 . . . . . . . ad. No. 10, 1947
rs. No. 44, 1956
am. No. 22, 1965; No. 138, 1973
S. 117 . . . . . . . ad. No. 10, 1947
rs. No. 44, 1956
S. 117A . . . . . . . ad. No. 103, 1956
am. No. 53, 1970; No. 216, 1973 (as am. by
No.
20, 1974); Nos. 64
and 124, 1977; Nos. 33 and 115, 1983
S. 118 . . . . . . . ad. No. 10, 1947
am. No. 58, 1951
rs. No. 44, 1956
Part VA (ss. 118A, 118B) . ad. No. 160, 1976
S. 118A . . . . . . . ad. No. 160, 1976
am. No. 53, 1978; No. 115, 1983
S. 118B . . . . . . . ad. No. 160, 1976
rs. No. 53, 1978
am. No. 71, 1981
Ss. 118C, 118D . . . . ad. No. 53, 1978
S. 119 . . . . . . . am. No. 39, 1918; No. 31, 1920; No. 22, 1926;
No. 18, 1928; No. 43, 1930;
No. 54, 1934; No. 10, 1947; No. 34, 1952; No.
44, 1956; No. 22, 1965;
No. 53, 1970; No. 37, 1972; No. 138, 1973;
No.
64, 1977; No. 33, 1983
and No. 115, 1983 (as am. by No. 162, 1984)
S. 120 . . . . . . . rs. No. 39, 1918
am. No. 18, 1928; No. 10, 1947; No. 44, 1956;
No. 138, 1973; No. 115,
1983
S. 121 . . . . . . . . am. No. 39, 1918; No. 18, 1928; No. 43, 1930,
No. 10, 1947; No. 44,
1956; No. 22, 1965; No. 216, 1973 (as am. by
No.
20, 1974); No.
115, 1983
S. 122 . . . . . . . am. No. 93, 1966; No. 115, 1983
S. 123 . . . . . . . ad. No. 18, 1928
am. No. 43, 1930; No. 10, 1947
rs. No. 138, 1973
am. No. 115, 1983
S. 124 . . . . . . . ad. No. 44, 1956
am. No. 138, 1973; No. 115, 1983
S. 125 . . . . . . . . ad. No. 18, 1928
am. No. 54, 1934; No. 10, 1947; No. 34, 1952;
No. 44, 1956; No. 22,
1965; No. 93, 1966; No. 37, 1972; No. 138,
1973
and No. 216,
1973 (as am. by No. 20, 1974); No. 91, 1976
rep. No. 64, 1977
ad. No. 33, 1983
am. No. 115, 1983
S. 126 . . . . . . . ad. No. 10, 1947
am. No. 10, 1947; No. 34, 1952
rs. No. 44, 1956
am. No. 44, 1956; No. 22, 1965; No. 53, 1970;
No. 37, 1972; No. 138,
1973; No. 64, 1977; No. 33, 1983
Part VIA (ss. 126A-126R) . ad. No. 64, 1977
rep. No. 33, 1983
Ss. 126A-126N . . . . ad. No. 64, 1977
rep. No. 33, 1983
S. 126P . . . . . . . ad. No. 64, 1977
am. No. 108, 1977
rep. No. 33, 1983
Ss. 126Q, 126R . . . . ad. No. 64, 1977
rep. No. 33, 1983
Heading to Part VII . . . rs. No. 44, 1956
S. 127 . . . . . . . am. No. 115, 1983
S. 127A . . . . . . . ad. No. 162, 1984
S. 128 . . . . . . . rs. No. 8, 1927
S. 129 . . . . . . . am. No. 18, 1928; No. 216, 1973 (as am. by
No.
20, 1974)
S. 130 . . . . . . . . ad. No. 44, 1956
S. 131. . . . . . . . am. No. 103, 1956; No. 216, 1973 (as am. by
No.
20, 1974); No. 115,
1983
Heading to Part VIII . . rs. No. 44, 1956
S. 132 . . . . . . . am. No. 7, 1910; No. 6, 1911; No. 18, 1914;
No.
35, 1915; No. 18, 1928;
No. 45, 1934; No. 44, 1956; No. 138, 1973;
No.
89, 1974; No. 108,
1977; No. 71, 1981; No. 115, 1983
S. 132A. . . . . . . ad. No. 108, 1977
S. 132B. . . . . . . ad. No. 143, 1982
am. No. 115, 1983
Ss. 132C-132E . . . . ad. No. 143, 1982
S. 132F. . . . . . . ad. No. 143, 1982
am. No. 115, 1983
Ss. 132G-132J . . . . . . ad. No. 143, 1982
S. 133 . . . . . . . ad. No. 18, 1951
am. No. 103, 1956; No. 138, 1973; No. 216,
1973
(as am. by No. 20, 1974); Nos. 64 and 117,
1976;
No. 108, 1977; No. 115, 1983
S. 133AA . . . . . . ad. No. 64, 1976
am. No. 115, 1983
S. 133A . . . . . . . ad. No. 89, 1974
S. 133AB . . . . . . ad. No. 115, 1983
am. No. 162, 1984 (as am. by No. 65, 1985);
No.
65, 1985
S. 133B . . . . . . . ad. No. 143, 1982
am. No. 115, 1983
S. 134 . . . . . . . am. No. 22, 1926; No. 18, 1928
rs. No. 34, 1952
am. No. 30, 1958
S. 136 . . . . . . . am. No. 89, 1974
S. 136A . . . . . . . ad. No. 89, 1974
S. 137 . . . . . . . ad. No. 31, 1920
am. No. 18, 1928; No. 43, 1930
S. 138 . . . . . . . ad. No. 43, 1930
rs. No. 18, 1951
am. No. 44, 1956; No. 30, 1958; No. 93, 1966;
No. 37, 1972; No. 216,
1973 (as am. by No. 20, 1974); No. 115, 1983
S. 139 . . . . . . . ad. No. 18, 1928
am. No. 10, 1947
rs. No. 44, 1956
am. No. 30, 1958; No. 89, 1974; No. 108,
1977;
No. 115, 1983
S. 140 . . . . . . . ad. No. 18, 1928
am. No. 10, 1947
rs. No. 30, 1958
am. No. 37, 1972; No. 138, 1973; No. 89,
1974;
No. 108, 1977; Nos. 33
and 115, 1983
S. 141 . . . . . . . ad. No. 18, 1928
am. No. 93, 1966; No. 37, 1972; No. 138,
1973;
No. 89, 1974; No. 108,
1977; Nos. 33 and 115, 1983
Ss.141A,141B . . . . ad.No.37, 1972
am. No. 138, 1973; No. 115, 1983
S. 142 . . . . . . . am. No. 28, 1909; No. 33, 1983
S. 142A . . . . . . . ad. No. 89, 1974
am. No. 108, 1977; No. 71 1981; No. 33, 1983
S. 143 . . . . . . . am. No. 6, 1911; No. 18, 1914; No. 18, 1928;
No. 43, 1930; No. 10, 1947;
Nos. 44 and 103, 1956; No. 30, 1958; No. 93,
1966, No. 37, 1972; No.
138, 1973; No. 89, 1974; No. 108, 1977; No.
110, 1979; Nos. 33 and
115, 1983
S. 143A . . . . . . . ad. No. 110, 1979
am. No. 115, 1983
S. 144 . . . . . . . ad. No. 34, 1952
am. No. 44, 1956; No. 30, 1958; No. 138,
1973;
No. 108, 1977; Nos. 33
and 115, 1983
S. 144A . . . . . . . ad. No. 108, 1977
am. No. 115, 1983
S. 145 . . . . . . . rep. No. 18, 1928
ad. No. 43, 1930
rs. No. 37, 1972
am. No. 138, 1973; No. 115, 1983
S. 146 . . . . . . . am. No. 89, 1974; No. 115, 1983
S. 147 . . . . . . . am. No. 89, 1974
S. 148 . . . . . . . am. No. 43, 1930; No. 45, 1934; No. 54, 1955
S. 149 . . . . . . . am. No. 10, 1947; No. 93, 1966; No. 115, 1983
S. 150 . . . . . . . am. No. 10, 1947
S. 152 . . . . . . . rs. No. 18, 1928
am. No. 43, 1930; No. 10, 1947
rs. No. 18, 1951
am. No. 58, 1951; No. 35, 1952; No. 44, 1956;
No. 93, 1966, No. 37, 1972,
No. 138, 1973; No. 108, 1977; Nos. 33 and
115,
1983
S. 153 . . . . . . . ad. No. 58, 1951
am. No. 93, 1966; No. 37, 1972; No. 115, 1983
S. 153A . . . . . . . ad. No. 37, 1972
am. No. 216, 1973 (as am. by No. 20, 1974);
No.
115, 1983
S. 153B . . . . . . . ad. No. 143, 1982
S. 154 . . . . . . . ad. No. 18, 1928
am. No. 43, 1930; No. 10, 1947; No. 30, 1958;
No. 93, 1966; No. 37. 1972
rep. No. 108, 1977
S. 155 . . . . . . . ad. No. 10, 1947
S. 156 . . . . . . . ad. No. 10, 1947
am. No. 216, 1973 (as am. by No. 20, 1974)
S. 157 . . . . . . . ad. No. 10, 1947
S. 158 . . . . . . . ad. No. 10, 1947
am. No. 93, 1966; No. 37, 1972; No. 115. 1983
Part VIIIAA ad. No. 108, 1977
(ss. 158AA-158AM)
S. 158AA . . . . . . . ad. No. 108, 1977
am. No. 35, 1980; No. 115, 1983, No. 162,
1984
S. 158AAA . . . . . . ad. No. 35, 1980
am. No. 115, 1983; No. 162, 1984
S. 158AB . . . . . . . ad. No. 108, 1977
am. No. 35, 1980
S. 158AC . . . . . . . ad. No. 108, 1977
am. No. 35, 1980; No. 115, 1983
S. 158AD . . . . . . ad. No. 108, 1977
rs. No. 35, 1980
am. No. 115, 1983
S. 158 ADA . . . . . . ad. No. 35, 1980
S. 158AE . . . . . . . ad. No. 108, 1977
am. No. 35, 1980; No. 115, 1983
S. 158AF . . . . . . ad. No. 108, 1977
S. 158AFA . . . . . . ad. No. 35, 1980
S.158AFB . . . . . . ad. No. 35, 1980
am. No. 115, 1983
S. 158AG . . . . . . ad. No. 108, 1977
am. No. 115, 1983; No. 162, 1984
S. 158AH . . . . . . ad. No. 108, 1977
am. No. 35, 1980; Nos. 33 and 115, 1983; No.
162, 1984
S. 158AHA . . . . . . ad. No. 162, 1984
am. No. 65, 1985
S. 158AJ . . . . . . ad. No. 108, 1977
Ss. 158AK, 158AL . . . ad. No. 108, 1977
am. No. 115, 1983
S. 158AM . . . . . . ad. No. 108, 1977
S. 158AN . . . . . . . ad. No. 65, 1985
Part VIIIA (ss. 158A-158U) ad. No. 37, 1972
S. 158A . . . . . . ad. No. 37, 1972
am. Nos. 33 and 115, 1983
S. 158B . . . . . . ad. No. 37, 1972
am. No. 115, 1983
S. 158C . . . . . . ad. No. 37, 1972
Ss. 158D. 158E . . . . . . ad. No. 37, 1972
am. No. 33, 1983
S. 158F . . . . . . . ad. No. 37, 1972
am. No. 138, 1973; No. 117, 1976; Nos. 33 and
115, 1983
S. 158FA . . . . . . . ad. No. 33, 1983
am. No. 115, 1983
S. 158G . . . . . . . ad. No. 37, 1972
am. No. 33, 1983
Ss. 158H. 158J . . . . ad. No. 37, 1972
am. Nos. 33 and 115, 1983
S. 158K . . . . . . . ad. No. 37, 1972
am. No. 216, 1973 (as am. by Nos 20, 1974);
Nos.
33, 115 and 114,
1983
S. 158L . . . . . . ad. No. 37, 1972
am. No. 216, 1973 (as am. by No. 20, 1974);
Nos.
33 and 115, 1983
S. 158M . . . . . . . ad. No. 37, 1972
am. No. 138, 1973; No. 115, 1983
S. 158N . . . . . . . ad. No. 37, 1972
rs. No. 33, 1983
am. No. 115, 1983
S. 158P . . . . . . . ad. No. 37, 1972
am. No. 216, 1973 (as am. by No. 20, 1974);
No.
115, 1983
S. 158PA . . . . . . . ad. No. 33, 1983
S. 158Q . . . . . . . ad. No. 37, 1972
am. Nos. 33 and 115, 1983
S. 158R . . . . . . . ad. No. 37, 1972
am. No. 138, 1973; No. 115, 1983
S. 158S . . . . . . . ad. No. 37, 1972
S. 158T . . . . . . . ad. No. 37, 1972
rs. No. 138, 1973
S. 158U . . . . . . . ad. No. 37, 1972
am. No. 138, 1973
Part VIIIB (ss. 158V-158X) ad. No. 89, 1974
S. 158V . . . . . . . ad. No. 89, 1974
am. No. 71, 1981
S. 158W . . . . . . . ad. No. 89, 1974
S. 158X . . . . . . . ad. No. 89, 1974
am. No. 115, 1983
Heading to Part IX ad. No. 44, 1956
Div. 3 of Part IX ad. No. 28, 1949
(ss. 159-171)
S. 159 . . . . . . . ad. No. 28. 1949
am. No. 30, 1958; No. 37, 1972; No. 138,
1973;
No. 216, 1973 (as am. by
No. 20, 1974); No. 115, 1983
S. 160 . . . . . . . ad. No. 28, 1949
am. No. 44, 1956; No. 30, 1958; No. 93, 1966;
No. 37, 1972; No. 108,
1977; Nos. 33 and 115, 1983
S. 161 . . . . . . . ad. No. 28, 1949
am. No. 44, 1956; No. 138, 1973; No. 115,
1983
S. 162 . . . . . . . ad. No. 28, 1949
S. 162A . . . . . . . ad. No. 30, 1958
am. No. 138, 1973; Nos. 33 and 115, 1983
S. 163 . . . . . . . ad. No. 28, 1949
am. No. 115, 1983
S. 164 . . . . . . . ad. No. 28, 1949
am. No. 44, 1956; No. 30, 1958
S. 165 . . . . . . . ad. No. 28, 1949
am. No. 18, 1951; No. 30, 1958; No. 115, 1983
S. 165A . . . . . . . ad. No. 30, 1958
am. No. 216, 1973 (as am. by No. 20, 1974);
No.
108, 1977; Nos.
115 and 144, 1983
S. 166 . . . . . . . . ad. No. 28, 1949
am. No. 44, 1956; No. 93, 1966; No. 37, 1972;
No. 115, 1983
S. 167 . . . . . . . ad. No. 28, 1949
am. No. 115, 1983
S. 168 . . . . . . . ad. No. 28, 1949
am. No. 30, 1958; No. 22, 1965; No. 138,
1973;
No. 115, 1983
S. 169 . . . . . . . ad. No. 28, 1949
am. No. 93, 1966; No. 37, 1972; No. 115, 1983
Ss. 169A, 169B . . . . ad. No. 138, 1973
am. No. 115, 1983
S. 170 . . . . . . . . ad. No. 28, 1949
rs. No. 18, 1951
am. No. 44, 1956; No. 30, 1958; No. 138, 1973
and No. 216, 1973
(as am. by No. 20, 1974); No. 64, 1977; Nos.
115
and 144, 1983
S. 170A . . . . . . . ad. No. 30, 1958
am. No. 40, 1959; No. 93, 1966; No. 37, 1972;
No. 138, 1973; No.
115, 1983
S. 171 . . . . . . . . ad. No. 28, 1949
am. No. 44, 1956; No. 30, 1958; No. 93, 1966;
No. 37, 1972; No. 138,
1973 and No. 216, 1973 (as am. by No. 20,
1974);
No. 115, 1983
Part IXA (ss. 171A-171G) ad. No. 89, 1974
S. 171A . . . . . . . ad. No. 89, 1974
am. No. 143, 1982
S. 171B . . . . . . . ad. No. 89, 1974
am. No. 115, 1983
S. 171C . . . . . . . ad. No. 89, 1974
am. No. 115, 1983
S. 171D . . . . . . . ad. No. 89, 1974
am. No. 117, 1976; No. 115, 1983
S. 171E . . . . . . . ad. No. 89, 1974
S. 171F . . . . . . . ad. No. 89, 1974
am. No. 115, 1983
S. 171G . . . . . . . ad. No. 89, 1974
S. 172 . . . . . . . am. No. 6, 1911
S. 174 . . . . . . . am. No. 6, 1911; No. 80, 1950; No. 115, 1983
S. 175 . . . . . . . am. No. 115, 1983
S. 177 . . . . . . . am. No. 10, 1947; No. 93, 1966; No. 115, 1983
S. 179 . . . . . . . am. No. 10, 1947
rs. No. 44, 1956
am. No. 216, 1973 (as am. by No. 20, 1974);
No. 115, 1983
S. 181 . . . . . . . . ad. No. 39, 1918
am. No. 10, 1947; No. 138, 1973
rep. No. 216, 1973 (as am. by No. 20, 1974)
S. 182 . . . . . . . am. No. 28, 1909; No. 18, 1928
rs. No. 10, 1947; No. 44, 1956
am. No. 40, 1959; No. 93, 1966; No. 12, 1969;
No. 37, 1972; No. 115,
1983
S. 183 . . . . . . . ad. No. 18, 1928
am. No. 10, 1947; No. 44 1956; No. 93, 1966;
No. 115, 1983
S. 184 . . . . . . . am. No. 43, 1930; No. 44, 1956; No. 40, 1959;
No. 93, 1966; No. 37, 1972;
No. 115, 1983
S. 185 . . . . . . . ad. No. 44, 1956
am. No. 93, 1966; No. 37, 1972; No. 115, 1983
S. 186 . . . . . . . rs. No. 18, 1928
am. No. 10, 1947; Nos. 44 and 103, 1956; No.
93,
1966; No. 61, 1981;
No. 115, 1983
S. 187 . . . . . . . rs. No. 18, 1928
am. No. 43, 1930
rs. No. 44, 1956
S. 188 . . . . . . . . ad. No. 18, 1928
am. No. 43, 1930; No. 10, 1947; No. 44, 1956;
No. 93, 1966; No. 37,
1972; No. 138, 1973 and No. 216, 1973 (as am.
by
No. 20, 1974)
rs. No. 108, 1977
am. No. 71, 1981; No. 115, 1983
S. 188A . . . . . . . ad. No. 30, 1958
am. No. 93, 1966; No. 37, 1972; No. 115, 1983
S. 189 . . . . . . . am. No. 43, 1930
S. 190 . . . . . . . ad. No. 18, 1928
am. No. 115, 1983
S. 191 . . . . . . . ad. No. 18, 1928
am. No. 43, 1930
rs. No. 10, 1947
am. No. 18, 1951; No. 103, 1956
S. 192 . . . . . . . rs. No. 10, 1947
S. 193 . . . . . . . am. No. 10, 1947; No. 44, 1956
S. 194 . . . . . . . ad. No. 44, 1956
am. No. 44, 1956
rep. No. 138, 1973
S. 195 . . . . . . . ad. No. 44, 1956
S. 196 . . . . . . . ad. No. 31, 1920
S. 197 . . . . . . . ad. No. 10, 1947
am. No. 93, 1966; No. 37, 1972; No. 115, 1983
S. 197A . . . . . . . ad. No. 138, 1973
S. 198 . . . . . . . am. No. 31, 1920
rs. No. 10, 1947
am. Nos. 44 and 103, 1956; No. 30, 1958; No.
22,
1965; No. 93, 1966; No.
37, 1972; No. 64, 1976; No. 115, 1983
The Schedule . . . . . ad. No. 44, 1956
am. No. 44, 1956
--------------------------------------------------------------------------------
CONCILIATION AND ARBITRATION ACT 1904 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I - INTRODUCTORY
Section
1. Short title
2. Objects of Act
4. Interpretation
4A. Industrial matters affecting the oil industry in New South Wales
5. Certain offences in relation to members of organizations, &c.
PART II - THE AUSTRALIAN CONCILIATION AND ARBITRATION
COMMISSION
6. Constitution of Commission
7. President and Deputy Presidents
8. Salary and allowances of presidential members
9. Acting President or Deputy President
10. Absence of President
10A. Service of presidential member as President or Deputy President of
Trade Practices Tribunal
11. Oath or affirmation of office
11A. Protection of members of the Commission
12. Preservation of rights
12A. Application of Judges' Pensions Act
13. Tenure of Commissioners
14. Removal or suspension from office of Commissioners
15. Vacation of office of Commissioners
16. Remuneration and allowances of Commissioners
16A. President to make members of the Commission available to serve on
Industrial Appeals Tribunal of Christmas Island
17. Full Bench of Commission
PART III - POWERS AND FUNCTIONS OF THE COMMISSION
Division 1 - Industrial Disputes Generally
18. General powers of Commission
19. Duty of members of Commission
20. Commission to encourage settlement of disputes - procedures
21. Powers may be exercised on Commission's own motion or on
application
22. Exercise of powers of Commission
22AA. Joint proceedings
22A. Commissioner to consult with Presidential Member before exercising
certain powers
23. Panels of Commission in respect of industries
24. Findings as to disputes, parties and subject
25. Notification of disputes
25A. Limitation on powers of Commission
26. Action to be taken where dispute referred for conciliation
27. Compulsory conference
28. Certified agreements and consent awards
29. Completion of conciliation proceedings
30. Arbitration in respect of disputes
31. Certain matters to be dealt with by Full Bench of Commission
32. Power to include in award provision relating to hindering
observance
of award
33. Procedures in respect of conduct in breach of bans clause
33A. Stand-down applications
34. Reference of disputes to Full Bench
34A. References of disputes to the President
35. Appeals
36. Intervention
36A. Review on application by Minister
37. Continuation of hearing of matters
38. Commissioners may sit simultaneously
39. Manner of settlement of disputes
40. Procedure of Commission
41. Particular powers of Commission
41A. Powers to override certain laws affecting public service
42. Power of inspection
42A. Organization may authorize inspection
43. Orders to take evidence
44. Reference of disputes to Local Board for report
44A. Joint sessions of Commission
44B. Reference of disputes to Local Industrial Board for determination
44C. Member of Commission may exercise powers under prescribed State
laws
45. Secret ballot may be ordered
45A. Conduct of ballot
45B. Commission to have regard to result of ballot
45C. Certain members not required to obey directions of organization
46. Offences in relation to ballots
47. Power to grant preference to members of organizations
48. Power to provide special rates of wages
49. Common rules
49A. Variation of common rules
50. Boards of reference
51. Uniformity in relation to hours, holidays, &c.
52. Schemes of apprenticeship
53. Safety, health and welfare of employees
54. Inspector to investigate matters affecting safety of employees
55. Relief not limited to claim
56. Form of awards
57. Commencement of awards
58. Continuance of awards
59. Setting aside and variation of awards
60. Decisions of Commission to be final
61. On whom awards to be binding
62. Cancellation of an award
63. Representation of parties
64. Certificate of Registrar as to industrial dispute
65. Awards to prevail over State laws, awards, &c.
66. State authorities may be restrained from dealing with disputes
67. Conference with State authorities
68. Divisions of opinion
69. Conference of Commissioners
70. Annual reports
Division 1A - Industrial Matters - Commonwealth and Territory Employees
70A. Interpretation
70B. Powers in respect of industrial disputes and industrial matters
70C. Exercise of powers
70D. Application of Division 1
70E. Employer to act through employing authority
70F. Representation
70G. Transfer of questions to be dealt with under other provisions of
this
Act
70H. Transfer of matters to be dealt with under this Division
70J. Orders in relation to industrial action
70K. Common rules
Division 2 - Industrial Matters - Maritime Industries
71. Interpretation
72. Powers in respect of industrial disputes and industrial matters
73. Exercise of powers
74. Application of Division 1
75. Award inconsistent with certain provisions of Navigation Act
Division 3 - Industrial Matters - Snowy Mountains Area
76. Interpretation
77. Powers in respect of industrial disputes and industrial matters
78. Exercise of powers
80. Application of Division 1
Division 4 - Industrial Matters - Waterside Workers
81. Interpretation
81A. Application of Division
82. Powers in respect of industrial disputes and industrial matters
84. Exercise of powers
85A. Appointment of Port Conciliators
86. Federal Co-ordinating Committee
87. Port Co-ordinating Committees
87A. Additional functions of Commission in relation to stevedoring
industry
88. Application of Division 1
Division 5 - Industrial Matters - Commonwealth Projects
88A. Interpretation
88B. Commonwealth projects
88C. Powers of Commission
88CA. Exercise of powers
88D. Application of Division 1
Division 5A - Disputes relating to Boycotts
88DA. Application of Division
88DB. Notification of disputes
88DC. Powers of Commission
88DD. Exercise of powers
88DE. Parties
88DF. Application of Division 1
88DG. Trade Practices Act not affected
88DH. Interpretation
Division 6 - References by, and Appeals from, the Registrar
88E. References by Registrar
88F. Appeals from Registrar
88G. Interpretation
PART IIIA - THE FLIGHT CREW OFFICERS INDUSTRIAL TRIBUNAL
88H. Interpretation
88J. Establishment of Tribunal
88K. Tenure of office
88L. Remuneration and allowances
88M. Leave of absence
88N. Oath or affirmation to office
88P. Protection of Tribunal
88Q. Suspension, removal and vacation of office of person constituting
Tribunal
88R. Appointment of person to constitute Tribunal for particular matter
88S. Member of Commission may hold office under this Part
88T. Powers of the Commission excluded
88U. Powers of Tribunal
88V. Application of other provisions of Act
88W. Initiation of proceedings
88X. Parties
88Y. Representation of persons having a common interest
88Z. Declared bodies
88ZA. Conciliation Committees
88ZB. On whom awards binding
88ZC. Relationship to other laws of the Commonwealth
88ZD. Application of Division in relation to certain disputes extending
beyond one State
88ZE. Representation
88ZF. Reference of industrial questions to Full Bench of Commission
88ZG. Appeals
88ZGA. Review on application by Minister
88ZH. Effect of awards of Commission
PART V - THE AUSTRALIAN INDUSTRIAL COURT
98. Constitution of Court
99. Appointment of Judges
100. Qualifications of Judges
101. Absence, & c., of Chief Judge
102. Salaries and travelling expenses
103. Oath or affirmation of office
103A. Appointment of Judge to other judicial office
103B. Effect of appointment of Judge as President or Deputy President of
Trade Practices Tribunal
104. Exercise of Court's jurisdiction
105. Reference to Full Court
106. Intervention
107. Reference by Commission of questions of law to the Court
108. Validity of State orders and awards
109. Powers of Court
110. Interpretation of awards
111. Contempt of the Court
112. References by the Registrar of questions of law to the Court
113. Appeals
114. Limitations on appeals to High Court
115. Powers on appeal
116. Costs
117. Enforcement of judgments and orders
117A. Representation of parties
118. Practice and procedure
PART VA - TRANSFER OF CERTAIN JURISDICTION OF AUSTRALIAN
INDUSTRIAL COURT TO FEDERAL COURT OF AUSTRALIA
118A. Transfer of jurisdiction
118B. Limitation on appeals
118C. Reference of proceedings to Full Court
118D. Prosecutions for offences
PART VI - THE ENFORCEMENT OF ORDERS AND AWARDS
119. Imposition and recovery of penalties
120. Application of penalties
121. Enforcement of penalties imposed by the Court
122. Enforcement of award
123. Recovery of wages, & c.
124. Unclaimed moneys
125. Inspectors
126. Directions that proceedings be instituted
PART VII - REGISTRIES AND REGISTRARS
127. Power to establish Registries and appoint Registrars
127A. Acting Industrial Registrar or Deputy Industrial Registrar
128. Situation of Registries
129. Charge of Registries
130. Duties of Registrar
131. Registers of organizations
PART VIII - REGISTERED ORGANIZATIONS
132. Registration of organizations
132A. Offences in relation to independent contractors, &c.
132B. Certain persons disqualified from holding office in organizations
132C. Application for leave to be elected or appointed
132D. Application for leave to continue to hold office
132E. Court to have regard to certain matters
132F. Prescribed offences
132G. Jurisdiction of Court
132H. Costs
132J. Financial assistance to certain parties
133. Rules to provide for elections, secret ballots and certain other
matters
133AA. Elections to be by secret postal ballot
133A. Rules to provide for certain funds
133AB. Casual vacancies
133B. Rules to provide conditions for loans, grants and donations by
organizations
134. Alteration of rules to comply with prescribed conditions, &c.
135. Certificate of registration
136. Incorporation of organization
136A. Participation of organizations in State systems
137. Rules, & c., of organization not to prevent agreement
138. Incitement to boycott award forbidden
139. Alteration of name or rules of organizations
140. Requirements as to rules
141. Direction for performance of rules
141A. Financial assistance in proceedings under section 140 or 141
141B. Financial assistance in respect of certain respondents on account
of
hardship
142. Power to refuse registration of certain organizations
142A. Representation of employees by an organization
143. Application for cancellation of registration
143A. Cancellation of registration, &c.
144. Entitlement to membership of organizations
144A. Conscientious beliefs with respect to organizations
145. Resignation from membership of organization
146. Organizations may sue and be sued
147. Protection to organizations
148. Powers of organizations to recover fines, &c.
149. Disputes between organization and its members
150. Court may order that persons shall cease to be members of
organizations
151. Act not to prevent transfer of shares
152. Records to be kept and filed by organizations
153. Exemptions from certain requirements
153A. Organizations to notify particulars of bank accounts, &c.
153B. Organizations to notify particulars of loans, grants and donations
155. Certificate as to membership of organization
156. List of members and officers to be evidence
157. Rules to be evidence
158. Unauthorized collection of moneys
PART VIIIAA - ACCOUNTS AND AUDIT IN RESPECT OF REGISTERED
ORGANIZATIONS
158AA. Interpretation
158AAA. Application of Part with respect to organizations divided into
branches
158AB. Application
158AC. Organization to keep proper accounting records
158AD. Organization to prepare accounts, &c.
158ADA. Information to be provided to members or Registrar
158AE. Auditors of organizations
158AF. Powers and duties of auditors
158AFA. Fees and expenses of auditors
158AFB. Removal of auditor from office
158AG. Copies of report and audited accounts to be supplied to members and
presented to meetings
158AH. Copies of reports, &c., to be filed with Registrar
158AHA. Organization may submit accounts, &c., of all branches
158AJ. Organization to forward notices, &c., to auditor
158AK. Auditor entitled to attend meetings at which report presented
158AL. Offences in relation to obstruction, &c., of auditors
158AM. Auditors and other persons to enjoy qualified privilege in certain
circumstances
158AN. Accounts and audit where income of organization less than specified
amount
PART VIIIA - AMALGAMATION OF ORGANIZATIONS
158A. Interpretation
158B. Duty of Registrar where amalgamation proposed
158C. Prescribed procedure to be followed
158D. Committee to pass resolutions
158E. Formation of new association
158F. Scheme of amalgamation to be submitted
158FA. Declaration that amalgamation in public interest
158G. Scheme to be notified
158H. Objections
158J. Approval of amalgamation for submission to ballot
158K. Ballot of members
158L. Notice of ballot
158M. Offences in relation to ballots
158N. Determination of approval of amalgamation by members of
organizations
158P. Inquiries into irregularities
158PA. Approval of amalgamations
158Q. Action to be taken after ballots
158R. Resignation of membership
158S. Effect of amalgamation on awards
158T. Expenses of ballot
158U. Costs of inquiries
PART VIIIB - ORGANIZATIONS AND ASSOCIATED BODIES
158V. Interpretation
158W. Amalgamation of organizations and associated bodies
158X. Procedure
PART IX - DISPUTED ELECTIONS IN ORGANIZATIONS
159. Applications for inquiries respecting elections
160. Action by Registrar
161. Jurisdiction of Court
162. Directions as to hearing
162A. Court may authorize Registrar to inspect ballot papers, & c.
163. Interim orders
164. Procedure at hearing
165. Functions and powers of Court
165A. Industrial Registrar to make arrangements for conduct of elections,
& c.
166. Enforcement of orders
167. Validation of certain acts, & c.
168. Costs
169. Ballot papers, & c., to be preserved
169A. Returning officer to furnish information
169B. Death of candidate
170. Registrar to conduct elections upon request
170A. Provisions applicable to elections conducted under section
165A or 170
171. Offences in connection with elections
PART IXA - VALIDATING PROVISIONS FOR ORGANIZATIONS
171A. Interpretation
171B. Validation of certain acts
171C. Court may make orders in respect of consequences of invalidity
171D. Court may order reconstitution of branch, & c.
171E. Application for membership of organization by person treated
as having been a member
171F. Validation of certain acts
171G. Order affecting application of section 171B or 171F
PART X - INDUSTRIAL AGREEMENTS
172. Industrial agreements
173. Agreement only affects persons bound by it
174. Term and form
175. Duplicate to be filed
176. Effect of industrial agreement
177. Enforcement of agreement
178. Rescinding or varying of agreement
179. Variation of agreement to conform with common rule
180. Continuance of agreement unless terminated by notice
PART XI - MISCELLANEOUS
182. Offences in relation to Commission
183. Creating disturbance near Court
184. Contempt by witness
185. False representation as to membership of organization
186. Trade secrets, & c., tendered in evidence
187. Inspection of books, & c.
188. Offences by organizations in relation to industrial action
188A. Furnishing of rules of organization
189. Jurisdiction of State Courts
190. Meaning of expressions in awards
191. Court may impose penalties for offences
192. Awards to be available at Registries
193. Evidence of awards
195. Incorporation of variations in reprints of awards
196. Proceedings by and against clubs
197. Contracts entered into by agents of employers
197A. Costs
198. Regulations
THE SCHEDULE
OATH OR AFFIRMATION
CONCILIATION AND ARBITRATION ACT 1904 - LONG TITLE
SECT
An Act relating to the Prevention and Settlement of certain Industrial
Disputes, and for other purposes
CONCILIATION AND ARBITRATION ACT 1904 - PART I
PART I - INTRODUCTORY
CONCILIATION AND ARBITRATION ACT 1904 - SECT 1
Short title
SECT
1. This Act may be cited as the Conciliation and Arbitration Act 1904*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
CONCILIATION AND ARBITRATION ACT 1904 - SECT 2
Objects of Act
SECT
2. The chief objects of this Act are -
(a) to promote goodwill in industry;
(b) to encourage, and provide means for, conciliation with a view to
amicable agreement, thereby preventing and settling industrial disputes;
(c) to provide means for preventing and settling industrial disputes not
resolved by amicable agreement, including threatened, impending and probable
industrial disputes, with the maximum of expedition and the minimum of legal
form and technicality;
(d) to provide for the observance and enforcement of agreements and awards
made for the prevention or settlement of industrial disputes;
(e) to encourage the organization of representative bodies of employers and
employees and their registration under this Act; and
(f) to encourage the democratic control of organizations so registered and
the full participation by members of such an organization in the affairs of
the organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 4
Interpretation
SECT
4. (1) In this Act, except where otherwise clearly intended -
"Association" means any trade or other union, or branch of any union, or any
association or body composed of or representative of employers or employees,
or for furthering or protecting the interests of employers or employees;
"Award" means an award made under this Act and includes an order;
"Breach", in relation to a term of an order or award, includes a
non-observance of that term;
"Collegiate electoral system", in relation to an election for an office in
an organization, means a method of election comprising a first stage, at which
persons are elected to a number of offices by a direct voting system, and a
subsequent stage or subsequent stages at which persons are elected by and from
the persons elected at the next preceding stage;
"Commissioner" means a Commissioner appointed under this Act;
"Committee of management", in relation to an organization or a branch of an
organization, means the group or body of persons (however described) that
manages the affairs of that organization or of that branch, as the case may
be;
"Deputy President" means a Deputy President of the Commission and includes
an Acting Deputy President;
"Direct voting system", in relation to an election for an office in an
organization, means a method of election at which all financial members, or
all financial members included in such branch, section or other division, or
in such class, as is appropriate, having regard to the nature of the office,
are, subject to reasonable provisions with respect to enrolment, eligible to
vote;
"Employee" means any employee in any industry and includes any person whose
usual occupation is that of employee in any industry;
"Employer" means any employer in any industry and includes any person who is
usually an employer in an industry and also includes a Club;
"Full Bench" means a Full Bench of the Commission constituted in accordance
with section 17;
"Industrial action" means -
(a) the performance of work (being work the terms and conditions
of which are prescribed, wholly or partly, by an award of the Commission, an
award, determination or order made by another tribunal in pursuance of a law
of the Commonwealth or by or under a law of the Commonwealth) in a manner
different from that in which it is customarily performed, or the adoption of a
practice in relation to such work, the result of which is a restriction or
limitation on, or a delay in, the performance of the work;
(b) a ban, limitation or restriction on the performance of work, or
on acceptance or offering for work, in accordance with the terms and
conditions prescribed by an award of the Commission, an award, determination
or order made by another tribunal in pursuance of a law of the Commonwealth or
by or under a law of the Commonwealth; or
(c) a failure or refusal by persons to attend for work or a failure or
refusal to perform any work at all by persons who attend for work,
but does not include the performance of work in a manner, the adoption of a
practice, ban, limitation or restriction, or a failure or refusal, that is
authorized by the employer of the persons concerned;
"Industrial Agreement" means any industrial agreement made pursuant to this
Act;
"Industrial dispute"*2* means -
(a) a dispute (including a threatened, impending or probable
dispute) as to industrial matters which extends beyond the limits of any one
State; and
(b) a situation which is likely to give rise to a dispute as to
industrial matters which so extends,
and includes -
(c) such a dispute in relation to employment in an industry carried
on by, or under the control of, a State or an authority of a State; and
(d) a dispute in relation to employment in an industry carried on
by, or under the control of, the Commonwealth or an authority of the
Commonwealth, whether or not the dispute extends beyond the limits of any one
State;
"Industrial matters" means all matters pertaining to the relations of
employers and employees and, without limiting the generality of the foregoing,
includes -
(a) all matters or things affecting or relating to work done or to be
done;
(b) the privileges, rights and duties of employers and employees;
(c) the wages, allowances and remuneration of persons employed
or to be employed;
(d) the piece-work, contract or other reward paid or to be paid in
respect of employment;
(e) the question whether piece-work or contract work or any other
system of payment by results shall be allowed, forbidden or exclusively
prescribed;
(f) the question whether monetary allowances shall be made by
employers in respect of any time when an employee is not actually working;
(g) the hours of employment, sex, age, qualifications and status of
employees;
(h) the mode, terms and conditions of employment;
(i) the employment of children or young persons, or of any
persons or class of persons;
(j) the preferential employment or the non-employment of any
particular person or class of persons or of persons being or not being members
of an organization;
(k) the right to dismiss or to refuse to employ, or the duty to
reinstate in employment, a particular person or class of persons;
(l) any custom or usage in an industry, whether general or in a
particular locality;
(m) any shop, factory or industry dispute, including any matter
which may be a contributory cause of such a dispute;
(n) any question arising between 2 or more organizations or within
an organization as to the rights, status or functions of the members of those
organizations or of that organization or otherwise, in relation to the
employment of those members;
(p) any question as to the demarcation of functions of employees
or classes of employees, whether as between employers and employees or between
members of different organizations; and
(q) the provision of first-aid equipment, medical attendance,
ambulance facilities, rest rooms, sanitary and washing facilities, canteens,
cafeteria, dining rooms and other amenities for employees,
and includes all questions of what is right and fair in relation to an
industrial matter having regard to the interests of the persons immediately
concerned and of society as a whole;
"Industry" includes -
(a) any business, trade, manufacture, undertaking, or calling of
employers;
(b) any calling, service, employment, handicraft, or industrial
occupation or vocation of employees; and
(c) a branch of an industry and a group of industries;
"Inquiry" means any inquiry by the Court under Part VIIIA or Part IX;
"Inspector" means -
(a) a person who is an Inspector in pursuance of sub-section
125 (2); or
(b) an officer of the Public Service of a State to whom an
arrangement referred to in sub-section 125 (3) is applicable;
"Irregularity", in relation to an election or ballot, includes a breach of
the rules of an organization or of a branch of an organization, and any act,
omission or other means whereby the full and free recording of votes by all
persons entitled to record votes, and by no other persons, or a correct
ascertainment or declaration of the results of the voting is, or is attempted
to be, prevented or hindered;
"Judge" means a Judge of the Court and includes the Chief Judge;
"Office", in relation to an organization or branch of an organization, means
-
(a) the office of a member of the committee of management of the
organization or branch;
(aa) the office of president, vice-president, secretary,
assistantsecretary or other executive officer, by whatever name called, of the
organization or branch;
(b) the office of a person holding, whether as trustee or otherwise,
property of the organization or branch, or property in which the organization
or branch has any beneficial interest;
(c) the office of a member of any conference, council, committee,
panel or other body within the organization or branch which, under the rules
of the organization or of the branch, is empowered to make, alter or rescind
rules or to enforce, or perform functions in relation to the enforcement of,
rules or to exercise any of the functions of management; and
(d) every office within the organization or branch for the filling of
which an election is required to be conducted within the organization or
branch;
"One-tier collegiate electoral system" means a collegiate electoral system
comprising only one stage after the first stage;
"Order" means an order made by the Commission under this Act;
"Organization" means any organization registered pursuant to this Act;
"Postal ballot" means a ballot for the purposes of which a ballot paper is
to be sent by prepaid post to each person entitled to vote and facilities are
to be provided for the return of the completed ballot paper by post by the
voter without expense to him;
"Presidential Member" or "presidential member of the Commission" means the
President or a Deputy President;
"Registrar" means the Industrial Registrar or Deputy Industrial Registrar
appointed under this Act;
"Registry" includes District Registry;
"Special Magistrate" means a magistrate appointed by that name under the law
of a State;
"State Industrial Authority" means any Board or Court of Conciliation or
Arbitration, or tribunal body or persons, having authority under any State Act
to exercise any power of Conciliation or Arbitration with reference to
industrial disputes within the limits of the State; or any Special Board
constituted under any State Act relating to factories or such other State
Board or Court as is prescribed;
"The Chief Judge" means the Chief Judge of the Court;
"The Commission" means the Australian Conciliation and Arbitration
Commission established by this Act;
"The Court" means the Australian Industrial Court created by this Act;
"The President" means the President of the Commission and includes an Acting
President;
"The relevant Presidential Member", in relation to an industrial dispute,
means the Presidential Member who is a member of the panel of the Commission
to which the industry concerned has been assigned;
"The Trade Practices Tribunal" means the tribunal of that name at any time
established or continued in existence by a law of the Commonwealth.
(2) A reference in this Act to an industrial dispute shall, unless the
contrary intention appears, be read as including a reference to -
(a) a part of an industrial dispute;
(b) an industrial dispute so far as it relates to a matter in dispute; or
(c) a question arising in relation to an industrial dispute.
(3) A reference in this Act to engaging in conduct includes a reference to
being, whether directly or indirectly, a party to or concerned in the doing of
any act or thing.
(4) A reference in this Act to an office in, or an office within, an
association or organization shall, unless the contrary intention appears, be
read as including a reference to an office in a branch of the association or
organization.
(5) For the purposes of the application of the definition of "collegiate
electoral system" in sub-section (1) in relation to an election for an office
in an organization, an electoral system that otherwise complies with that
definition shall be deemed to comply with that definition notwithstanding that
the persons comprising a body of persons by and from whom persons are elected
at any stage subsequent to the first stage include persons (not exceeding in
number 15% of the total number of the body) who are the holders of offices
entitling the holders to membership of that body (which may include the office
to which the election relates) but are not members of that body by virtue of
an election in accordance with that definition, being persons each of whom has
held such an office (whether the one office or not) at all times since being
elected to such an office under a collegiate electoral system, or a direct
voting system, as defined in sub-section (1).
(6) For the purposes of this Act -
(a) conduct is capable of constituting industrial action notwithstanding
that the conduct concerned relates to part only of the duties that persons are
required to perform in the course of their employment; and
(b) a reference to industrial action shall be read as including a reference
to a course of conduct consisting of a series of industrial actions.
(7) For the purposes of this Act, employees in -
(a) prescribed service;
(b) any calling, service, handicraft, occupation or vocation in prescribed
service; or
(c) any category, division, class, grade or branch of prescribed service or
of any such calling, service, handicraft, occupation or vocation,
shall be deemed to be employees in an industry.
(8) For the purposes of sub-section (7), "prescribed service" means -
(a) service or employment of the Commonwealth or the Northern Territory, or
of an authority, institution or body (whether a body corporate or not, but not
being an incorporated company or a society or association) established for a
public purpose by or under a law of the Commonwealth or of the Northern
Territory, other than service or employment in the Defence Force; and
(b) all persons in any such service or employment in any capacity, whether
permanently or temporarily and whether full-time or part-time.
*2*S. 4 (1), definition of "Industrial dispute" - For the modification to be
made to this definition to enable the Conciliation and Arbitration Act 1904 to
apply to the Australian Capital Territory and to the Northern Territory and
for the limitations to be placed on the powers of the Commission under Part
III of that Act, see section 5 of the Seat of Government (Administration) Act
1910 and section 53 of the Northern Territory (Self-Government) Act 1978
respectively.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 4A
Industrial matters affecting the oil industry in New South Wales
SECT
4A. (1) In this section -
"oil industry industrial matter" means an industrial matter that pertains to
the relations of a prescribed employer with prescribed employees of that
employer;
"prescribed employee" means an employee who is, or is eligible to become, a
member of the oil industry branch of the industrial union registered under the
Industrial Arbitration Act, 1940 of New South Wales as the Australian Workers
Union and is employed by a prescribed employer;
"prescribed employer" means any of the following companies:
Australian Lubricating Oil Refinery Limited
Australian Oil Refining Pty. Limited
Total Refineries Australia Limited;
"prescribed New South Wales Act" means an Act passed by the Parliament of
New South Wales that is prescribed for the purposes of this section.
(2) This Act (other than this section) does not apply to, or in relation to,
the relations of a prescribed employer with prescribed employees of that
employer and, in particular -
(a) does not apply to, or in relation to, an oil industry industrial
matter;
(b) does not apply to or in relation to an industrial dispute in so far as
that dispute is a dispute, or a situation that is likely to give rise to a
dispute, as to an oil industry industrial matter; and
(c) does not apply to, or in relation to, industrial action in so far as
that action relates to, or affects, the relations of a prescribed employer
with prescribed employees of that employer.
(3) It is hereby declared to be the intention of the Parliament that this
Act shall not exclude the concurrent operation of a prescribed New South Wales
Act in so far as that Act makes provision with respect to oil industry
industrial matters.
(4) The President may, from time to time, designate a Presidential Member
for the purposes of this section.
(5) A Presidential Member designated under sub-section (4) shall perform any
functions or duties, any may exercise any powers, that are conferred or
expressed to be conferred upon a Presidential Member by a prescribed New South
Wales Act.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 5
Certain offences in relation to members of organizations, &c.
SECT
5. (1) An employer shall not dismiss an employee, or injure him in his
employment, or alter his position to his prejudice, by reason of the
circumstances that the employee -
(a) is or has been, or proposes, or has at any time proposed, to become, an
officer, delegate or member of an organization, or of an association that has
applied to be registered as an organization; or
(aa) has refused or failed to join in industrial action; or
(ab) has made, or proposes, or has at any time proposed, to make,
application to the Commission for an order under section 45 for the holding of
a secret ballot; or
(ac) has participated in, or proposes, or has at any time proposed, to
participate in, a secret ballot ordered by the Commission under section 45;
or
(b) is entitled to the benefit of an industrial agreement or an award; or
(c) has appeared, or proposes to appear, as a witness, or has given, or
proposes to give, evidence, in a proceeding under this Act; or
(d) being a member of an organization which is seeking better industrial
conditions, is dissatisfied with his conditions; or
(e) has absented himself from work without leave if -
(i) his absence was for the purpose of carrying out his duties or
exercising his rights as an officer or delegate of an organization; and
(ii) he applied for leave before he absented himself and leave was
unreasonably refused or withheld; or
(f) being an officer, delegate or member of an organization, has done, or
proposes to do, an act or thing which is lawful for the purpose of furthering
or protecting the industrial interests of the organization or its members,
being an act or thing done within the limits of authority expressly conferred
on him by the organization in accordance with the rules of the organization.
Penalty: $400.
(1A) An employer shall not threaten to dismiss an employee, or to injure him
in his employment, or to alter his position to his prejudice -
(a) by reason of the circumstance that the employee is, or proposes to
become, an officer, delegate or member of an organization, or of an
association that has applied to be registered as an organization, or that the
employee proposes to appear as a witness or to give evidence in a proceeding
under this Act; or
(aa) with the intent to coerce the employee to join in industrial action;
or
(b) with the intent to dissuade or prevent the employee from becoming such
officer, delegate or member or from so appearing or giving evidence; or
(ba) by reason of the circumstance that the employee has made, or proposes,
or has at any time proposed, to make, application to the Commission for an
order under section 45 for the holding of a secret ballot; or
(bb) by reason of the circumstance that the employee has participated in, or
proposes, or has at any time proposed, to participate in, a secret ballot
ordered by the Commission under section 45; or
(c) with intent to dissuade the employee, being an officer, delegate or
member of an organization, from doing an act or thing of the kind in relation
to which paragraph (1) (f) applies.
Penalty: $400.
(2) An employee shall not cease work in the service of his employer by
reason of the circumstance that the employer -
(a) is an officer, delegate or member of an organization, or of an
association that has applied to be registered as an organization; or
(b) is entitled to the benefit of an industrial agreement or an award; or
(c) has appeared as a witness, or has given any evidence, in a proceeding
under this Act.
Penalty: $200.
(3) A reference in this section to an organization shall be read as
including a reference to a branch of an organization.
(4) In any proceedings for an offence against this section, if all the
relevant facts and circumstances, other than the reason or intent set out in
the charge as being the reason or intent of an action alleged in the charge,
are proved, it lies upon the person charged to prove that that action was not
actuated by that reason or taken with that intent.
(5) Where an employer has been convicted of an offence against this section
the court by which the employer is convicted may order that the employee be
reimbursed any wages lost by him and may also direct that the employee be
reinstated in his old position or in a similar position.
CONCILIATION AND ARBITRATION ACT 1904 - PART II
PART II - THE AUSTRALIAN CONCILIATION AND
ARBITRATION COMMISSION
CONCILIATION AND ARBITRATION ACT 1904 - SECT 6
Constitution of Commission
SECT
6. (1) There shall be an Australian Conciliation and Arbitration Commission,
which shall consist of the following members:
(a) a President;
(b) such number of Deputy Presidents as are necessary from time to time;
and
(c) such number of Commissioners as are necessary from time to time.
(2) A member of the Commission shall be appointed by the Governor- General
by commission and shall hold office as provided by this Act.
(4) Subject to this Act, the Commission may be constituted, for the purposes
of the exercise of its powers, by a Commissioner, a Presidential Member or a
Full Bench.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 7
President and Deputy Presidents
SECT
7. (1) A person shall not be appointed as the President unless he is or has
been a barrister or solicitor of the High Court or of the Supreme Court of a
State or Territory of not less than 5 years' standing.
(1A) A person shall not be appointed as a Deputy President unless he is a
person who -
(a) is or has been a barrister or solicitor of the High Court or of the
Supreme Court of a State or Territory of not less than 5 years' standing;
(b) has had experience at a high level in industry, commerce, industrial
relations or the service of a government or an authority of a government; or
(c) has, not less than 5 years previously, obtained a degree of a university
or an educational qualification of a similar standard, after studies in the
field of law, economics or industrial relations or some other field of study
considered by the Governor-General to have substantial relevance to the duties
of a Deputy President,
and is, in the opinion of the Governor-General, by reason of his
qualifications, experience and standing in the Australian community, a fit and
proper person to discharge the duties of a Deputy President.
(2) For the purposes of this Act, a Deputy President shall have seniority
according to the date of his commission.
(3) Subject to this section, a Presidential Member of the Commission shall
hold office until he resigns or attains the age of 65 years.
(3A) A Presidential Member may resign his office by notice in writing signed
by him and delivered to the Governor-General, but the resignation shall not
become effective until the notice is received by the Governor-General or until
the day specified in the notice, whichever is the later.
(4) A presidential member of the Commission shall not be removed from office
except in the manner provided by this Act for the removal from office of a
Judge of the Court.
(5) Subject to this Act and to any other Act -
(a) the President, whenever appointed, and a Deputy President who was
appointed before the day on which the Conciliation and Arbitration Act 1972
received the Royal Assent or who has the qualifications referred to in
paragraph (1A) (a), have the same designation, rank, status and precedence as
a Judge of the Court; and
(b) any other Deputy President has the same rank, status and precedence as a
Judge of the Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 8
Salary and allowances of presidential members
SECT
8. (1) The President and the Deputy Presidents shall be paid salary, annual
allowances and travelling allowances at the same rates as the Chief Judge and
the Judges of the Federal Court of Australia, respectively.
(2) The salary and annual allowances to which the President and the Deputy
Presidents are respectively entitled under this section accrue from day to day
but are payable monthly.
(3) The Consolidated Revenue Fund is appropriated to the extent necessary
for payments of salaries and allowances in accordance with sub-section (1).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 9
Acting President or Deputy President
SECT
9. (1) Where the President of the Commission is, or is expected to be,
absent from duty, the Governor-General may appoint a Deputy President, or an
Acting Deputy President, of the Commission, being a person who is qualified to
be appointed as the President, to act as President of the Commission during
the absence.
(2) Where a presidential member of the Commission is, or is expected to be,
absent from duty, the Governor-General may appoint a person qualified to be
appointed as a Deputy President to act as a Deputy President of the Commission
for such period as the Governor-General determines and the Governor- General
may, either during or after that absence, extend that period for such further
period or periods as he thinks fit.
(3) Sub-section 6 (2) does not apply in relation to an appointment under
this section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 10
Absence of President
SECT
10. (1) During any vacancy in the office of President of the Commission,
during any absence from duty of the President, unless an Acting President of
the Commission has been appointed, or during any absence from duty of an
Acting President, the most senior Deputy President who is qualified to be
appointed as the President and is not absent from duty and is willing to act
shall have and may exercise all the powers and functions of the President.
(2) A Deputy President who is exercising powers or functions of the
President pursuant to sub-section (1) shall be deemed, for the purposes of
this Act, to be an Acting President of the Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 10A
Service of presidential member as President or Deputy President of Trade
Practices Tribunal
SECT
10A. Where a presidential member of the Commission has during any period,
whether before or after the commencement of this section, served as the
President, or as a Deputy President, of the Trade Practices Tribunal, then,
for the purposes of this Act or of any other Act, the presidential member
shall not be taken, by reason of his having so served, not to have been
serving during that period as such a presidential member.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 11
Oath or affirmation of office
SECT
11. A member of the Commission shall, before proceeding to discharge the
duties of his office, take before a Justice of the High Court or a Judge of
the Supreme Court of a State an oath or affirmation in accordance with the
form in the Schedule.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 11A
Protection of members of the Commission
SECT
11A. A member of the Commission has, in the performance of his functions and
duties as a member of the Commission, the same protection and immunity as a
Judge of the Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 12
Preservation of rights
SECT
12. (1) Where a person appointed as a Commissioner was, immediately before
the person's appointment, an officer of the Public Service of a State, the
person retains all the person's existing and accruing rights other than rights
in respect of superannuation.
(5) If a person appointed as a Deputy President was, immediately before his
appointment, an officer of the Public Service of a State, he retains all his
existing and accruing rights other than rights in respect of superannuation.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 12A
Application of Judges' Pensions Act
SECT
12A. (1) Subject to sub-section (2), the Judges' Pensions Act 1968 does not
apply to or in respect of a Deputy President if -
(a) the Deputy President was appointed after the commencement of this
section and was, immediately before being appointed as a Deputy President, an
eligible employee for the purposes of the Superannuation Act 1976; or
(b) the Deputy President was appointed before that commencement and,
immediately before that commencement, the first-mentioned Act did not, by
virtue of the relevant provision, apply to the Deputy President.
(2) If a person was, immediately before being appointed as a Deputy
President (whether before or after the commencement of this section), an
eligible employee for the purposes of the Superannuation Act 1976, and the
person elects, within 3 months after being appointed as a Deputy President, by
notice in writing to the Minister, to cease to be an eligible employee for the
purposes of that Act, sub-section (1) does not apply, and shall be deemed not
to have applied, to the person, and the person shall be deemed to have ceased
to be such an eligible employee immediately before the person was appointed as
a Deputy President.
(3) Where -
(a) a person makes an election in accordance with sub-section (2); and
(b) the person would, but for this sub-section, be entitled to a benefit
under Division 1, 2 or 4 of Part V, or under Division 3 of Part IX, of the
Superannuation Act 1976,
that Act applies in relation to the person as if the person were not entitled
to the benefit.
(4) In sub-section (1), "relevant provision" means sub-section 12 (4) of
this Act as in force immediately before the commencement of this section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 13
Tenure of Commissioners
SECT
13. Subject to this Act, a Commissioner shall hold office until he attains
the age of 65 years.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 14
Removal or suspension from office of Commissioners
SECT
14. (1) The Governor-General may remove a Commissioner from office on an
address praying for his removal on the ground of proved misbehaviour or
incapacity being presented to the Governor-General by each House of the
Parliament in the same Session of the Parliament.
(2) The Governor-General may suspend a Commissioner from office on the
grounds of misbehaviour or incapacity.
(3) A full statement of the grounds of the suspension shall be laid before
each House of the Parliament within 7 sitting days of that House after the
suspension.
(4) The Commissioner shall be restored to office unless each House of the
Parliament, within 40 days after the statement has been laid before it,
presents to the Governor-General an address praying for the removal of the
Commissioner on the grounds of proved misbehaviour or incapacity.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 15
Vacation of office of Commissioners
SECT
15. The office of a Commissioner shall be vacated if -
(a) he engages in paid employment outside the duties of his office;
(b) he becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his creditors or makes
an assignment of his remuneration for their benefit;
(c) he becomes permanently incapable of performing his duties;
(d) except on leave granted by the President, he absents himself from duty
for 14 consecutive days or for 28 days in any 12 months; or
(e) he resigns his office by writing under his hand addressed to the
Governor-General and his resignation has been accepted,
and the Governor-General declares, by notice in the Gazette, that the office
has become vacant.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 16
Remuneration and allowances of Commissioners
SECT
16. (1) A Commissioner shall be paid such remuneration as is determined by
the Remuneration Tribunal.
(2) A Commissioner shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act 1973.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 16A
President to make members of the Commission available to serve on
Industrial Appeals Tribunal of Christmas Island
SECT
16A. (1) Whenever it is necessary for the Industrial Appeals Tribunal
established by the Industrial Relations Ordinance 1976 of the Territory of
Christmas Island as amended and in force from time to time to exercise its
powers in respect of a particular matter, the powers of the Tribunal in
respect of that matter shall be exercised by the members of the Commission
designated by the President for the purpose.
(2) Service by a member of the Commission as a member of the Industrial
Appeals Tribunal referred to in sub-section (1) shall, for all purposes, count
as service as a member of the Commission under this Act.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 17
Full Bench of Commission
SECT
17. (1) A Full Bench of the Commission consists of at least 3 members of the
Commission.
(2) A Full Bench of the Commission shall include at least 2 Presidential
Members.
(3) The members of the Commission to constitute a Full Bench shall be
determined by the President.
CONCILIATION AND ARBITRATION ACT 1904 - PART III
PART III - POWERS AND FUNCTIONS OF THE COMMISSION
CONCILIATION AND ARBITRATION ACT 1904 - DIVISION 1
Division 1 - Industrial Disputes Generally
CONCILIATION AND ARBITRATION ACT 1904 - SECT 18
General powers of Commission
SECT
18. The Commission is empowered to prevent or settle industrial disputes by
conciliation or arbitration.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 19
Duty of members of Commission
SECT
19. Each member of the Commission shall keep himself acquainted with
industrial affairs and conditions.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 20
Commission to encourage settlement of disputes - procedures
SECT
20. In dealing with an industrial dispute, the Commission shall, where it
appears practicable and appropriate to do so, encourage the parties to agree
on procedures for preventing or settling, by discussion and agreement, further
disputes between the parties or any of them as to industrial matters, with a
view to the agreed procedures being included in an award or in a memorandum of
agreement having effect as an award.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 21
Powers may be exercised on Commission's own motion or on application
SECT
21. (1) Subject to this Act, the Commission may exercise any of its powers
or functions under this Act of its own motion or on the application of a party
to an industrial dispute or of an organization or person bound by an award.
(2) The power of the Commission to act of its own motion is subject to the
provisions of section 23.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 22
Exercise of powers of Commission
SECT
22. (1) Except as otherwise provided by this Act, a power of the Commission
is exercisable by a single member of the Commission.
(2) Where a member of the Commission has exercised the powers of the
Commission with respect to conciliation in relation to an industrial dispute,
he shall not exercise, or take part in the exercise of, the powers of the
Commission with respect to arbitration in relation to that industrial dispute
if a party to the arbitration proceedings objects to his so doing.
(3) A power expressed by this Act to be exercisable by a member or members
of the Commission, however described, shall, where the context so admits, be
deemed to be a power of the Commission exercisable by that member or those
members.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 22AA
Joint proceedings
SECT
22AA. (1) In this section, "member" means a member of the Commission.
(2) If in the opinion of the President it is appropriate, a member may,
notwithstanding anything in this Act, exercise, in the presence of -
(a) a prescribed State Industrial Authority;
(b) the parties to a dispute in relation to which the prescribed State
Industrial Authority is exercising power (in this sub-section referred to as
the "State industrial dispute"); and
(c) any witnesses summoned by the prescribed State Industrial Authority,
any of the powers of the Commission that are exercisable by him (other than
any of the powers of the Commission under section 34) in relation to an
industrial dispute (in this section referred to as the "federal industrial
dispute").
(3) Where a member is exercising, as provided by sub-section (1), in
relation to a federal industrial dispute, any of the powers of the Commission
that are exercisable by him, he may, without limiting the generality of
paragraph 40 (1) (b), have regard to any evidence given, in his presence and
in the presence of the parties to the federal industrial dispute, to the
prescribed State Industrial Authority, being evidence that is relevant to that
exercise of those powers.
(4) Nothing in this section shall be taken to prevent a member of the
Commission, or the Commission, from exercising powers in relation to an
industrial dispute in the presence of any person other than a State Industrial
Authority or a person referred to in paragraph (2) (b) or (c).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 22A
Commissioner to consult with Presidential Member
before exercising certain powers
SECT
22A. Where -
(a) a Commissioner proposes to make an award, or certify a memorandum of
agreement, making provision for, or altering, the rates of wages or the
conditions applicable in relation to employees in a particular industry or
group of industries; and
(b) that industry or group of industries, as the case may be, has been
assigned under sub-section 23 (1) to a panel of members of the Commission,
the Commissioner shall, before making the award or certifying the memorandum
of agreement, whether or not he is a member of that panel, consult with the
Presidential Member who is a member of that panel.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 23
Panel of Commission in respect of industries
SECT
23. (1) The President may assign an industry, or a group of industries, to a
panel of members of the Commission consisting of a Presidential Member and at
least one Commissioner and, subject to this Act, the functions of the
Commission in relation to that industry, or an industry included in that group
of industries, other than functions exercisable by a Full Bench, shall, as far
as practicable, be exercised by members of that panel.
(2) Sub-section (1) does not affect the validity of the exercise of a power
of the Commission otherwise than in accordance with that sub-section.
(3) It is the duty of the Presidential Member who is a member of a panel
under this section to organize and allocate the work of the members of the
panel in respect of the industry or industries allocated to the panel, and the
other members of the panel shall comply with directions given by the
Presidential Member in the performance of that duty.
(4) A member of the Commission may be a member of more than one panel under
this section.
(5) The President shall, as far as practicable and subject to the special
arrangements required for the purposes of Divisions 1A, 2, 3, 4 and 5 and for
the purposes of Part IIIA, exercise his powers under this section in respect
of all industries.
(6) Notwithstanding anything contained in this section, the President may
assign a Deputy President or a Commissioner to deal with a particular
industrial dispute or may himself deal with a particular industrial dispute.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 24
Findings as to disputes, parties and subject
SECT
24. (1) Subject to this section, where proceedings in relation to an
industrial dispute or alleged industrial dispute come before the Commission,
however constituted, the Commission shall determine whether there is an
industrial dispute and, if so, who are the parties and what are the matters in
dispute, and record its findings, but the Commission may vary or revoke any of
those findings.
(2) Where the Commission constituted in any manner has made a finding in
relation to an industrial dispute, the Commission constituted in another
manner may, if it thinks fit, for the purpose of exercising powers in relation
to the same industrial dispute (not being powers upon an appeal in respect of
that finding), proceed on the basis of those findings or any of them.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 25
Notification of disputes
SECT
25. (1) As soon as an organization or an employer becomes aware of the
existence of an industrial dispute affecting the organization or its members
or affecting the employer, as the case may be, the organization or employer
shall forthwith notify the relevant Presidential Member, or the Registrar,
accordingly.
(2) A Minister who is aware of the existence of an industrial dispute may
notify the relevant Presidential Member, or the Registrar, accordingly.
(3) Where an industrial dispute is notified to the Registrar, or a member of
the Commission who is not the relevant Presidential Member, becomes aware of
the existence of an industrial dispute, he shall inform the relevant
Presidential Member accordingly.
(4) Where an industrial dispute has been notified in accordance with this
section or the relevant Presidential Member otherwise becomes aware of the
existence of an industrial dispute, the relevant Presidential Member shall,
unless he is satisfied that it would not assist the prevention or settlement
of the dispute so to do, refer the dispute for conciliation by himself or
another member of the Commission.
(5) If the Presidential Member does not refer the industrial dispute for
conciliation, the Commission shall endeavour to prevent or settle the dispute
by arbitration.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 25A
Limitation on powers of Commission
SECT
25A. The Commission is not empowered to make an award, certify a memorandum
of agreement, make a recommendation or take any other action, whether by way
of conciliation or arbitration, in respect of a claim for the making of a
payment to employees in respect of a period during which those employees were
engaged in industrial action.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 26
Action to be taken where dispute referred for conciliation
SECT
26. (1) Where an industrial dispute has been referred for conciliation by a
member of the Commission, the member shall do all such things as appear to him
to be right and proper to assist the parties to reach an agreement on terms
for the prevention or settlement of the dispute.
(2) The action that may be taken by a member of the Commission under this
section includes -
(a) arranging conferences of the parties or their representatives presided
over by himself; or
(b) arranging for the parties or their representatives to confer among
themselves at a conference at which he is not present.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 27
Compulsory conference
SECT
27. (1) For the purposes of the performance of his functions in respect of
an industrial dispute, a member of the Commission may, of his own motion or
upon application made by a party to the industrial dispute, direct a person to
attend, at a time and place specified in the direction, at a conference
presided over by himself or another member of the Commission or by such other
person as the member of the Commission determines.
(2) In determining the persons to whom directions are to be given under
sub-section (1), the member of the Commission shall take into consideration
the persons having the highest degree of authority on behalf of the parties to
the industrial dispute to negotiate for the prevention or settlement of the
dispute.
(3) A direction under sub-section (1) may be given orally, in writing signed
by the member of the Commission or by telegram sent by him.
(4) A direction under sub-section (1) may be given not only to a person
engaged in or connected with the industrial dispute but also to -
(a) a person engaged in or connected with a dispute relating to industrial
matters (whether extending beyond the limits of a State or not) and related to
the industrial dispute; or
(b) a person whose presence at the conference the member of the Commission
thinks is likely to conduce to the prevention or settlement of the industrial
dispute.
(5) A person directed under sub-section (1) shall attend the conference and
continue his attendance as directed by the person presiding over the
conference.
Penalty: $1,000.
(6) Except to such extent as the person presiding over the conference
directs that it be held in public, the conference shall be held in private.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 28
Certified agreements and consent awards
SECT
28. (1) If, before an industrial dispute has been referred to arbitration in
accordance with this Act, the parties to the dispute or any of them reach
agreement on terms for the settlement of all or any of the matters in dispute,
they may either -
(a) make a memorandum of the terms agreed on and request a member of the
Commission to certify the memorandum; or
(b) request a member of the Commission to make an award or order giving
effect to their agreement,
and, subject to this section, the member of the Commission may, by order to
which a copy of the memorandum is attached, certify the memorandum or may make
an award or order accordingly.
(2) Subject to sub-section (2A), a member of the Commission shall not refuse
to certify a memorandum or make an award or order in accordance with this
section unless he is of the opinion that -
(a) the terms are not in settlement of an industrial dispute;
(b) any of the terms is a term that the Commission does not have power to
include in an award; or
(c) it is not in the public interest that he should certify the memorandum
or make the award or order.
(2A) A member of the Commission shall not certify a memorandum in accordance
with this section unless, in relation to each organization that is a party to
the agreement to which the memorandum relates, there is produced to him a
statutory declaration by an officer authorized by the committee of management
of the organization declaring that the committee of management has approved
the principal terms of the agreement.
(3) A memorandum certified in accordance with this section has the same
effect as, and shall be deemed to be, an award of the Commission for all
purposes of this Act.
(4) An award or order made in accordance with this section, or an award
constituted by a memorandum certified in accordance with this section, is
binding on -
(a) each of the parties making the request under this section;
(b) all members of an organization that is such a party; and
(c) an employer who is a successor to, or an assignee or transmittee of, the
business of such a party, including a corporation that has acquired or taken
over the business of such a party.
(5) An award or order made in accordance with this section shall be
expressed to be made by consent.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 29
Completion of conciliation proceedings
SECT
29. (1) Conciliation proceedings before a member of the Commission shall be
regarded as completed when -
(a) the parties have reached agreement for the settlement of the whole of
the dispute and all action under section 28 arising out of the agreement has
been taken; or
(b) whether or not the parties have reached agreement for the settlement of
a part or parts of the dispute, the member of the Commission is satisfied that
there is no likelihood of conciliation, or further conciliation, resulting in
agreement, or further agreement, by the parties within a reasonable time on
terms for the settlement of the dispute or of any matter in dispute.
(2) A member of the Commission shall not, unless he has a substantial reason
for not doing so, refuse to regard the conciliation proceedings as completed
if the parties have informed him that there is no likelihood of agreement, or
further agreement, on matters in dispute.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 30
Arbitration in respect of disputes
SECT
30. (1) When conciliation proceedings before a member of the Commission in
respect of an industrial dispute have been completed but the industrial
dispute has not been wholly settled, the Commission shall proceed to deal with
the dispute, or the matters remaining in dispute, by arbitration.
(2) Unless the member of the Commission who conducted the conciliation
proceedings is competent, having regard to section 22, to exercise the powers
of the Commission with respect to the arbitration proceedings and proposes to
do so, that member shall, for the purpose of enabling arrangements to be made
for arbitration in respect of the industrial dispute, report to the relevant
Presidential Member, or, if that member is a Presidential Member, to the
President, as to the matters in dispute, the parties and the extent, if any,
to which the dispute has been settled, but shall not disclose anything said or
done in the conciliation proceedings concerning matters in dispute that remain
unsettled.
(3) If, during arbitration proceedings under this Act in relation to an
industrial dispute, the parties to the dispute or any of them reach agreement
on terms for the settlement of all or any of the matters in dispute, the
provisions of section 28 apply in like manner as they apply in relation to
disputes before they have been referred to arbitration and as if the
references in that section to a member of the Commission were references to
the Commission as constituted for the purposes of the arbitration.
(4) In arbitration proceedings under this Act, unless the parties otherwise
agree, evidence shall not be given, or statements made, concerning anything
relating to the matters remaining in dispute that was said or done in
proceedings before a member of the Commission, or at a conference (whether
compulsory or not) arranged by a member of the Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 31
Certain matters to be dealt with by Full Bench of Commission
SECT
31. (1) The power of the Commission to make an award, or to certify, under
section 28, an agreement -
(a) making provision for, or altering, the standard hours of work in an
industry;
(b) making provision for, or altering, rates of wages, or the manner in
which rates of wages are to be ascertained, on grounds predominantly related
to the national economy and without examination of any circumstance pertaining
to the work upon which, or the industry in which, persons are employed;
(c) making provision for, or altering, a minimum wage that is to be payable
to adults without regard to the work performed or to the industry in which
they are employed; or
(e) making provision for or in relation to, or altering a provision for or
in relation to, annual leave with pay or long service leave with pay,
except where the provision or alteration gives effect to matters, or is in
accordance with principles, determined by a Full Bench, is exercisable by a
Full Bench, and not otherwise.
(2) Notwithstanding sub-section (1) -
(a) where a Full Bench determines that a matter before that Full Bench is a
matter in relation to which that sub-section applies, a Full Bench of the kind
referred to in that sub-section is empowered to make an award with respect to
that matter; or
(b) where a Full Bench determines that a matter before that Full Bench is
not a matter in relation to which that sub-section applies, the Commission
constituted otherwise than as a Full Bench of the kind referred to in that
sub-section is, subject to the provisions of this Act other than this section,
empowered to make an award with respect to that matter.
(3) Where, in relation to a matter before the Commission constituted
otherwise than as a Full Bench, the question arises whether the matter is one
in relation to which sub-section (1) applies -
(a) where the Commission is constituted by the President -
(i) if the opinion of the President is that the matter is not such a
matter - the Commission constituted by the President is, subject to the
provisions of this Act other than this section, empowered to make an award
with respect to the matter; or
(ii) if the opinion of the President is that the matter is such a
matter - a Full Bench of the kind referred to in sub-section (1) is empowered
to make an award with respect to the matter; or
(b) where the Commission is constituted by a member of the Commission other
than the President, the member shall refer the question to the President and
-
(i) if the opinion of the President is that the matter is not such a
matter - the Commission constituted by that member is, subject to the
provisions of this Act other than this section, empowered to make an award
with respect to the matter; or
(ii) if the opinion of the President is that the matter is such a
matter - a full Bench of the kind referred to in sub-section (1) is empowered
to make an award with respect to the matter.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 32
Power to include in award provision relating to hindering observance of award
SECT
32. (1) The power of the Commission -
(a) to include in an award, or to vary an award so as to include, a term,
however expressed, by virtue of which engaging in conduct that would hinder,
prevent or discourage -
(i) the observance of the award;
(ii) the performance of work in accordance with the award; or
(iii) the acceptance of, or offering for, work in accordance with the
award,
is, to any extent, prohibited;
(b) to make an order under section 28 certifying a memorandum that contains
such a term in relation to work in accordance with the award to be constituted
by the memorandum, or another award; or
(c) if an award includes such a term, to vary the award so as to exclude, or
alter the provisions of, that term,
is exercisable by a Presidential Member, and not otherwise.
(2) Sub-section (1) does not prevent the exercise of a power referred to in
that sub-section by a Full Bench acting under section 34, sub-section 34A (4)
or section 35.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 33
Procedures in respect of conduct in breach of bans clause
SECT
33. (1) This section applies in relation to a term of an award, however
expressed, by virtue of which engaging in conduct that would hinder, prevent
or discourage -
(a) the observance of the award;
(b) the performance of work in accordance with the award; or
(c) the acceptance of, or offering for, work in accordance with the award,
is, to any extent, prohibited.
(2) Where it appears to a person or organization bound by an award that
conduct in contravention of a term of the award in relation to which this
section applies is being, or is likely to be, engaged in, the person or
organization may give notice to the Registrar accordingly.
(3) Where a notice has been duly given under sub-section (2), a Presidential
Member shall inquire into the matters alleged in the notice and, if it appears
to him that there was good ground for the notice -
(a) if the conduct to which the notice relates has not commenced, he shall
forthwith endeavour, by such action as he thinks appropriate, to prevent the
conduct from being engaged in; or
(b) if the conduct to which the notice relates has commenced but has not
ceased, or similar conduct arising out of the matters that gave rise to the
notified conduct is being engaged in or appears to him to be likely, he shall
forthwith endeavour, by such steps as he thinks appropriate, to bring about an
early cessation of the conduct or to prevent any such similar conduct,
and may, for either of those purposes, or for settling any of the matters
giving rise to the conduct or to the likelihood of the conduct, exercise any
powers of the Commission, including powers with respect to conciliation but
not including powers that are exercisable only by a Full Bench.
(4) Where it appears to an organization or person bound by an award that
conduct in contravention of a term of the award in relation to which this
section applies has been engaged in, but has ceased without a notice having
been given in respect of the conduct under sub-section (2) or before such a
notice has been dealt with by a Presidential Member, the organization or
person may apply for a certificate under sub-section (5) in respect of the
conduct.
(5) Proceedings under section 119 in respect of conduct constituting a
breach of a term of an award in relation to which this section applies shall
not be instituted unless a Presidential Member has given a certificate in
writing stating that the requirements of this section have been complied with
in relation to the conduct.
(6) A Presidential Member shall not give a certificate under sub-section (5)
unless -
(a) the conduct concerned is conduct in relation to which there have been
proceedings before him or another Presidential Member under sub-section (3),
or is a repetition or continuation of conduct in respect of which there have
been such proceedings and arises out of the same matters; or
(b) the application for the certificate is made in accordance with
sub-section (4),
but, subject to this sub-section and the succeeding provisions of this
section, the giving of such a certificate is in the discretion of the
Presidential Member, to be exercised having regard to the objects of this Act.
(7) Where -
(a) proceedings in relation to any conduct have been commenced before a
Presidential Member in accordance with sub-section (3); and
(b) the conduct is still continuing notwithstanding that the Presidential
Member has taken all steps that appear to him to be appropriate for bringing
about its early cessation,
the Presidential Member shall make and sign a record to that effect and
transmit it to the Registrar for filing with the other documents relating to
the proceedings.
(7A) Where a record has been filed under sub-section (7), any person who was
a party to the proceedings to which the record relates may apply for a
certificate under sub-section (5) in respect of the conduct to which the
record relates.
(7B) The Presidential Member to whom an application is made under
sub-section (7A) shall not refuse the application unless he is satisfied that
a prompt settlement of the matters giving rise to the conduct concerned will
be effected or that the conduct concerned is otherwise about to cease.
(8) Where an application for a certificate in respect of past conduct is
made in accordance with sub-section (4), a Presidential Member shall inquire
into the matters relevant to the application and, if satisfied that the
conduct alleged has been engaged in but has ceased, shall inquire into the
circumstances in which it so ceased, and shall not give the certificate if it
appears to him that the giving of the certificate would be undesirable having
regard to the circumstances in which the conduct ceased or the terms of a
settlement that has taken place of the matters that gave rise to the conduct.
(9) In the application of this section by virtue of section 36 of the Coal
Industry Act 1946 to orders and awards made by the Coal Industry Tribunal -
(a) references in this section to a Presidential Member or to the Registrar
shall be read as if they were references to the Coal Industry Tribunal; and
(b) sub-section (3) has effect as if the words commencing with the words
"powers of the Commission" were omitted and the words "powers of the Tribunal"
were substituted.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 33A
Stand-down applications
SECT
33A. (1) Where an employer who is, or an organization that is, bound by an
award makes an application (in this section referred to as the "stand-down
application") to the Commission for the award to be varied by the insertion or
variation of a term, however expressed, that authorizes an employer to stand
down an employee in particular circumstances, the Commission shall hear and
determine the stand-down application as expeditiously as is appropriate having
regard to all the circumstances.
(2) The person who makes a stand-down application may, at the time when the
stand-down application is made or at any later time before the stand-down
application is determined, apply to the President for the stand-down
application to be heard and determined by a Full Bench.
(3) Where an application is made to the President under sub-section (2), the
President shall constitute a Full Bench to hear and determine the stand-down
application.
(4) Where -
(a) a stand-down application has been partly heard by the Commission
constituted otherwise than as a Full Bench; and
(b) the President constitutes a Full Bench for the purpose of hearing the
stand-down application,
the Full Bench may, in the hearing, have regard to any evidence given and any
arguments adduced in the proceedings before the Commission constituted
otherwise than as a Full Bench.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 34
Reference of disputes to Full Bench
SECT
34. (1) In this section, unless the contrary intention appears, "the
Commission" means a Full Bench of the Commission.
(2) A reference in this section to a part of an industrial dispute shall be
read as including a reference to -
(a) an industrial dispute so far as it relates to a matter in dispute; or
(b) a question arising in relation to an industrial dispute.
(3) Where proceedings in relation to an alleged industrial dispute or in
relation to an industrial dispute are before a member of the Commission, a
party to the proceedings or the Minister may apply to that member -
(a) in the case of proceedings referred to in sub-section 24 (1) - to have
the proceedings dealt with as provided by this section on the ground that the
subject matter of the proceedings is of such importance that, in the public
interest, the proceedings should be so dealt with; or
(b) in the case of proceedings by way of conciliation or arbitration - to
have the industrial dispute or a part of the industrial dispute dealt with as
provided by this section on the ground that the industrial dispute or that
part of the industrial dispute, as the case may be, is of such importance
that, in the public interest, it should be so dealt with.
(4) An application under paragraph (3) (a) may be accompanied by an
application requesting that, if the first-mentioned application is granted and
the Commission finds that there is an industrial dispute, the industrial
dispute or a part of the industrial dispute be dealt with as provided by this
section on the ground that the industrial dispute or that part of the
industrial dispute, as the case may be, is of such importance that, in the
public interest, it should be so dealt with.
(5) If the member of the Commission to whom an application is made under
sub-section (3) or (4) is not the President, he shall refer the application to
the President, and the President shall confer with him on the question whether
the application should be granted.
(6) If the President, having regard to the reasons for the application is of
the opinion that -
(a) in the case of an application under paragraph (3) (a) - the subject
matter of the proceedings is of such importance that, in the public interest,
the proceedings should be dealt with as provided by this section; or
(b) in the case of an application under paragraph (3) (b) or under
sub-section (4) - the industrial dispute or the part of the industrial
dispute, as the case may be, is of such importance that, in the public
interest, it should be dealt with as provided by this section,
he shall grant the application and direct accordingly.
(7) Where the President gives a direction in pursuance of an application
under paragraph (3) (a) -
(a) the Commission shall determine whether there is an industrial dispute
and, if it determines that there is an industrial dispute, record findings in
accordance with section 24; and
(b) if the application was accompanied by an application under sub-section
(4) and the last-mentioned application was granted, the Commission shall,
subject to sub-section (7B), hear and determine the industrial dispute or the
part of the industrial dispute, as the case may be.
(7A) Where the President gives a direction in pursuance of an application
under paragraph (3) (b), the Commission shall, subject to sub-section (7B),
hear and determine the industrial dispute or the part of the industrial
dispute and, in the hearing, may have regard to any evidence given and any
arguments adduced in arbitration proceedings in relation to the industrial
dispute or the part of the industrial dispute before the Commission commenced
the hearing.
(7B) Where the President has given a direction in pursuance of an
application made under paragraph (3) (b) or under sub-section (4) in respect
of an industrial dispute, the Commission may refer a part of the dispute to a
Presidential Member or a Commissioner and, in that case, the Commission
constituted by that member shall hear and determine that part of the dispute
and the Commission shall hear and determine the dispute other than that part
of the dispute.
(8) The Commission may, for the purposes of this section, direct a
Presidential Member or a Commissioner to furnish a report with respect to a
specified matter and that Presidential Member or Commissioner shall, after
making such investigation (if any) as is necessary, furnish a report
accordingly.
(9) At any time before the Commission has been constituted under this
section for the purpose of hearing and determining an industrial dispute or
part of an industrial dispute in respect of which the President has given a
direction under this section, the President may, if, after taking account of
any views expressed by the parties to the dispute, he considers that it is
desirable so to do for the purpose of facilitating the hearing and
determination of the dispute or the part of the dispute by the Commission,
authorize a Presidential Member or a Commissioner to take evidence for the
purposes of that hearing and determination, and a person so authorized has the
powers of a person authorized to take evidence in accordance with section 43,
and the Commission shall have regard to the evidence so taken in hearing and
determining the dispute or the part of the dispute.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 34A
References of disputes to the President
SECT
34A. (1) A reference in this section to a part of an industrial dispute
shall be read as including a reference to -
(a) an industrial dispute so far as it relates to a matter in dispute; or
(b) a question arising in relation to an industrial dispute.
(2) Where proceedings in relation to an alleged industrial dispute, or in
relation to an industrial dispute, are before a member of the Commission other
than the President, whether the proceedings are proceedings referred to in
sub-section 24 (1) or are proceedings by way of conciliation or arbitration,
the President may, if he is of the opinion that there are special reasons that
justify his so doing, direct that the proceedings be dealt with in accordance
with this section.
(3) Where a direction under sub-section (2) is given in relation to any
proceedings -
(a) if the member of the Commission referred to in sub-section (2) has not
determined whether there is an industrial dispute - the President shall
determine that question and record findings in accordance with section 24;
and
(b) if that member of the Commission has made a finding that there is an
industrial dispute or the President makes such a finding, the President shall
-
(i) if he is of the opinion that it would assist the settlement of the
industrial dispute or of a part of the industrial dispute - endeavour to
settle the industrial dispute or that part of the industrial dispute by
conciliation; and
(ii) if he is not of that opinion or has not been able to settle by
conciliation the industrial dispute or a part of the industrial dispute -
(A) hear and determine the industrial dispute or that part of
the industrial dispute; or
(B) refer the industrial dispute or that part of the industrial
dispute to a Full Bench of the Commission.
(4) Where the President so refers an industrial dispute or a part of an
industrial dispute to a Full Bench shall hear and determine the industrial
dispute or that part of the industrial dispute.
(5) In the hearing of an industrial dispute or a part of an industrial
dispute by the President under sub-section (3) or by the Full Bench under
sub-section (4), the President or the Full Bench, as the case may be, may have
regard to any evidence given and any arguments adduced in arbitration
proceedings before the member of the Commission referred to in sub-section
(2).
(6) Where the President has under sub-section (3) referred an industrial
dispute to a Full Bench, the Full Bench may refer a part of the dispute to a
Presidential Member or a Commissioner and, in that case, the Commission
constituted by that member shall hear and determine that part of the dispute
and the Full Bench shall hear and determine the dispute other than that part
of the dispute.
(7) The Full Bench may, for the purposes of this section, direct a
Presidential Member or a Commissioner to furnish a report with respect to a
specified matter and that Presidential Member or Commissioner shall, after
making such investigation (if any) as is necessary, furnish a report
accordingly.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 35
Appeals
SECT
35. (1) In this section, unless the contrary intention appears -
"Member" means a member of the Commission;
"the Commission" means a Full Bench of the Commission.
(2) An appeal lies to the Commission against -
(a) an award made by a member otherwise than under section 28, a decision of
a member not to make an award or a decision of a member by way of a finding as
to the existence of, or the parties to, an industrial dispute;
(b) a decision of a member refusing to certify, a memorandum under section
28;
(c) a decision of a member in a matter arising under paragraph 41 (1) (d);
or
(d) the making of an order, or the refusal to make an order, by a
Presidential Member under section 142A.
(3) An appeal does not lie under sub-section (2) unless, in the opinion of
the Commission, the matter is of such importance that, in the public interest,
an appeal should lie.
(4) An appeal under sub-section (2) -
(a) shall be made within 21 days after the date of the award or decision
appealed against; and
(b) may be made -
(i) in the case of an appeal under paragraph (2) (a) - by an
organization or person bound by the award or aggrieved by the decision;
(ii) in the case of an appeal under paragraph (2) (b) - by a party
to the agreement the subject of the memorandum; or
(iii) in the case of an appeal under paragraph (2) (c) or (d) - by an
organization or person aggrieved by the decision.
(8) Where an appeal has been instituted under this section, the Commission
may, on such terms and conditions as it thinks fit, make an order that the
operation of the whole or a part of the award or decision be stayed pending
the determination of the appeal or until further order of the Commission.
(9) Upon the hearing of an appeal under this section, the Commission -
(a) may admit further evidence; and
(b) may direct a member to furnish a report to the Commission with respect
to a specified matter,
and may, subject to this section, do one or more of the following:
(c) confirm, quash or vary the award or decision under appeal;
(d) make an award or decision dealing with the subject-matter of the award
or decision under appeal;
(e) direct the member whose award or decision is under appeal, or another
member, to take further action in the proceedings in relation to which the
appeal arose in accordance with the directions of the Commission.
(10) Where, in pursuance of paragraph (9) (b), the Commission directs a
member to furnish a report, the member shall, after making such investigation
(if any) as is necessary, furnish a report accordingly.
(11) The provisions of this Division relating to the hearing and
determination, or the hearing or determination, of an industrial dispute
extend to the hearing and determination, or the hearing or determination, as
the case may be, of an appeal under this section.
(12) For the purposes of this section, the making of an order, or the
refusal to make an order, by a Presidential Member under section 142A shall be
taken to be a decision of the Presidential Member.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 36
Intervention
SECT
36. (1) The Minister may, on behalf of the Commonwealth, by giving to the
Registrar notice in writing of his intention so to do, intervene in the public
interest in a matter before the Commission under sub-section 31 (1) or under
section 34, sub-section 34A (4) or section 35.
(1A) The Minister may, on behalf of the Commonwealth, by giving to the
Registrar notice in writing of his intention so to do, intervene in the public
interest in a matter before the Commission if the matter is, or to the extent
that the matter involves -
(a) an industrial question within the meaning of Division 1A; or
(b) a question that would be an industrial question within the meaning of
that Division if -
(i) the bodies referred to in paragraphs (c), (d) and (e) of the
definition of "Commonwealth authority" in sub-section (1) of section 70A were
not excluded from that definition;
(ii) paragraph (c) were omitted from the definition of "employee"
in that sub-section; and
(iii) no regulations were made for the purposes of the definition of
"Northern Territory authority" in that sub-section.
(2) Sub-sections (1) and (1A) shall not be construed as limiting the power
of the Commission to grant leave to a person or organization to intervene in
any matter before the Commission, but that power shall not be exercised except
in a case where the Commission is of the opinion that it is desirable that a
person or organization should be heard.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 36A
Review on application by Minister
SECT
36A. (1) In this section, unless the contrary intention appears -
"member" means a member of the Commission;
"the Commission" means a Full Bench of the Commission.
(2) The Minister may apply to the Commission for a review of -
(a) an award made by a member, including an award made under section 28; or
(b) a decision of a member to certify a memorandum under section 28, where
it appears to the Minister that the award or decision is contrary to the
public interest.
(3) An application under sub-section (2) shall be made within 21 days after
the date of the award or decision to which it relates and shall state the
reasons for which the Minister seeks the review.
(4) Where an application is made under sub-section (2), the Commission shall
make such review of the award or decision as appears to it to be desirable
having regard to the matters referred to in the application.
(5) The provisions of sub-sections 35 (3), (8), (9), (10) and (11) apply to
and in relation to a review under this section in like manner as they apply to
and in relation to an appeal under that section.
(6) In a review under this section -
(a) the parties to the proceedings in which the award or decision was made
are parties to the proceedings on the review and are entitled to notice of the
hearing accordingly; and
(b) the Minister is a party to the proceedings.
(7) Nothing in this section affects any right of appeal or any power of the
Commission under section 35, and an appeal under that section and a review
under this section may, if the Commission thinks fit, be dealt with together.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 37
Continuation of hearing of matters
SECT
37. (1) This section applies where the hearing of a matter has been
commenced before the Commission and, before the matter has been determined -
(a) where the Commission is constituted by a single member of the Commission
- that member has become unable to continue to hear the matter or has ceased
to be a member, whether by death or otherwise; or
(b) where the Commission is constituted by 2 or more members of the
Commission - one of the members has become unable to continue to hear the
matter or has ceased to be a member, whether by death or otherwise.
(2) In a case to which this section applies, the Commission, constituted as
provided by this Act, shall hear and determine the matter, or so much of the
matter as has not been determined, and, in the hearing, shall have regard to
the evidence given, the arguments adduced and any award or determination made
during the previous hearing.
(3) For the purposes of this section, a member of the Commission who has
withdrawn from the hearing of a matter shall be deemed to have become unable
to continue to hear the matter.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 38
Commissioners may sit simultaneously
SECT
38. The Commission constituted by one or more members of the Commission may
exercise its powers, whether under this Act or otherwise, notwithstanding that
the Commission constituted by one or more other members of the Commission is
at the same time exercising the powers of the Commission, whether under this
Act or otherwise.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 39
Manner of settlement of disputes
SECT
39. (1) In relation to an industrial dispute with which the Commission is
dealing, the Commission shall, in such manner as it thinks fit, carefully and
expeditiously hear, inquire into and investigate the dispute and all matters
affecting the merits of the dispute and the right settlement of the dispute.
(2) In proceedings before the Commission under sections 31 or 34,
sub-section 34A (4) or section 35 or 36A, the Commission shall take into
consideration the public interest and for that purpose shall have regard to
the state of the national economy and the likely effects on that economy of
any award that might be made in the proceedings or to which the proceedings
relate, with special reference to likely effects on the level of employment
and on inflation.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 40
Procedure of Commission
SECT
40. (1) In the hearing and determination of an industrial dispute or in any
other proceedings before the Commission -
(a) the procedure of the Commission is, subject to this Act and the
regulations, within the discretion of the Commission;
(b) the Commission is not bound to act in a formal manner and is not bound
by any rules of evidence but may inform itself on any matter in such manner as
it thinks just; and
(c) the Commission shall act according to equity, good conscience and the
substantial merits of the case, without regard to technicalities and legal
forms.
(2) The Commission may determine the periods which are reasonably necessary
for the fair and adequate presentation of the respective cases of the parties
to the industrial dispute or other proceedings and require that those cases be
presented within the respective periods so determined.
(3) The Commission may require evidence or argument to be presented in
writing and may decide the matters upon which the Commission will hear oral
evidence or argument.
(4) An award or decision made by a single member of the Commission shall be
made by an instrument signed by the member and the instrument shall be dated
with the date on which it is so signed, which date shall, for the purposes of
this Act, be deemed to be the date of the award or decision.
(5) The instrument shall be filed in the office of the Registrar and copies
of it shall, subject to the regulations, be made available, on the date of the
award or decision, to any organization or person entitled to appeal against
the award or decision.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 41
Particular powers of Commission
SECT
41. (1) The Commission may, in relation to an industrial dispute -
(a) take evidence on oath or affirmation;
(b) make an award (including a provisional or interim award relating to any
or all of the matters in dispute) or give a direction in pursuance of the
hearing or determination;
(c) include in an award, or vary an award so as to include, a provision to
the effect that engaging in conduct in breach of a specified term of the award
shall be deemed to constitute the commission of a separate breach of that term
on each day on which the conduct continues;
(d) dismiss a matter or part of a matter or refrain from further hearing or
from determining the dispute or part of the dispute if it appears -
(i) that the dispute or part is trivial;
(ii) that the dispute or part has dealt with, is being dealt with or is
proper to be dealt with by a State Industrial Authority; or
(iii) that further proceedings are not necessary or desirable in the
public interest;
(e) hear and determine the dispute in the absence of a party who has been
summoned or served with notice to appear;
(f) sit at any place;
(g) conduct its proceedings or any part of its proceedings in private;
(h) adjourn to any time and place;
(i) refer any matter to an expert and accept his report as evidence;
(j) direct parties to be joined or struck out;
(k) allow the amendment, on such terms as it thinks fit, of any
proceedings;
(l) correct, amend or waive any error, defect or irregularity, whether in
substance or in form;
(m) extend any prescribed time;
(n) summon before it the parties to the dispute, and witnesses, and compel
the production before it of books, papers, documents and things for the
purpose of reference to such entries or matters only as relate to the dispute;
and
(o) generally give all such directions and do all such things as are
necessary or expedient for the expeditious and just hearing and determination
of the dispute.
(2) A reference in sub-section 41 (1) to an industrial dispute shall, unless
the contrary intention appears, be read as including a reference to any other
proceedings before the Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 41A
Powers to override certain laws affecting public service
SECT
41A. (1) In relation to an industrial dispute referred to in paragraph (d)
of the definition of "Industrial dispute" in sub-section 4 (1) or an
industrial question within the meaning of Division 1A, the Commission may,
where it thinks it proper to do so, make an award that is not, or, in the
opinion of the Commission, may not be, in accord with a law of the
Commonwealth or of an internal Territory relating to salaries, wages, rates of
pay or terms or conditions of service or employment of employees in prescribed
service as defined in sub-section 4 (8), not being -
(a) the Compensation (Commonwealth Government Employees) Act 1971, the Long
Service Leave (Commonwealth Employees) Act 1976, the Superannuation Act 1922
or the Superannuation Act 1976; or
(b) any prescribed Act or prescribed enactment, or any prescribed provisions
of an Act or enactment.
(2) In paragraph (1) (b), "enactment" means an Ordinance made under the
Northern Territory (Administration) Act 1910 and continued in force by the
Northern Territory (Self-Government) Act 1978.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 42
Power of inspection
SECT
42. (1) A member of the Commission, and a person authorized in writing by a
member of the Commission or the Registrar, may at any time during working
hours enter any building, mine, mine working, ship, vessel, place or premises
of any kind in which or in respect of which an industry is carried on or work
is being or has been done or commenced, or a matter or thing is taking or has
taken place in relation to which an industrial dispute is pending, or an award
has been made, or an offence against this Act is suspected, and may, to the
extent and for the purposes named in the authority, inspect or view any work,
material, machinery, appliance, article, book, paper, document or thing
therein and may interview any employee engaged therein.
(2) A person shall not hinder or obstruct a person in the exercise of the
power conferred by sub-section (1) or make to a person exercising a power
conferred by that sub-section a statement, either orally or in writing, which
is false or misleading in any particular.
Penalty: $100.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 42A
Organization may authorize inspection
SECT
42A. (1) An officer of an organization authorized in writing by the
secretary of the organization or of a branch of the organization to act under
this sub-section may, at any time during working hours, but subject to any
conditions provided by the relevant award, enter any premises in which work to
which an award binding on the organization is applicable is being carried on,
being premises specified in the authority, or premises occupied by an employer
who is bound by the award and is specified in the authority, for the purpose
of ensuring observance of the award, and may for that purpose inspect any
work, books or documents and interview any employee, being a member or a
person eligible to be a member of his organization, on those premises, but an
officer so authorized shall not hinder or obstruct an employee in the
performance of his work during working time.
(2) If an officer of an organization proposing to enter, or being in or on,
premises in pursuance of this section is required by the occupier or person in
charge of the premises to produce evidence of his authority to that occupier
or person, the officer is not entitled to enter or remian on the premises
unless he produces to that occupier or other person the authority in writing
referred to in sub-section (1).
(3) A person shall not hinder or obstruct an officer of an organization in
the exercise of a power conferred by this section.
Penalty: $100.
(4) In this section -
"officer", in relation to an organization, means a person holding an office
in, or employed by, the organization or a branch of the organization;
"premises" includes any building, structure, mine, mine working, ship,
vessel or place.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 43
Orders to take evidence
SECT
43. The Commission may authorize a person (including a member of the
Commission) to take evidence on its behalf, with such limitations (if any) as
the Commission directs, in relation to an industrial dispute and that person
shall have all the powers of the Commission to secure the attendance of
witnesses, the production of books, papers, documents and things and the
taking of evidence on oath or affirmation.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 44
Reference of disputes to Local Board for report
SECT
44. (1) The Commission as constituted for the purposes of conciliation or
arbitration in relation to an industrial dispute may refer the industrial
dispute to a Local Industrial Board for investigation and report, and may at
any time revoke such a reference.
(2) On the report of the Local Industrial Board, the Commission may, with or
without hearing further evidence or argument or both, determine the dispute
and make its award.
(3) In this section, "Local Industrial Board" means -
(b) a State Industrial Authority willing to act; or
(c) a Local Board constituted as prescribed or as directed by the Commission
and consisting of equal numbers of representatives of employers and of
employees and a Chairman, appointed by the Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 44A
Joint sessions of Commission
SECT
44A. (1) In this section, a reference to a matter is a reference to
proceedings before the Commission.
(2) Where -
(a) the President is of the opinion that a question is common to two or more
matters; and
(b) the Commission is not constituted by the same person or persons for the
purposes of each of those matters,
the President may, if he considers that it is desirable to do so for the
purpose of facilitating the hearing and determination of those matters, direct
that the Commission constituted by all the persons who constitute the
Commission for the purposes of those matters may take evidence or hear
argument, or take evidence and hear argument, as to that question for the
purposes of both or all of those matters and, if the President gives such a
direction, the Commission as so constituted may take evidence or hear
argument, or take evidence and hear argument, accordingly.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 44B
Reference of disputes to Local Industrial Board for determination
SECT
44B. (1) The President may, where in his opinion it is appropriate so to do,
refer an industrial dispute to a Local Industrial Board to be investigated and
to be dealt with under this Act by conciliation, by arbitration or by
conciliation and, if necessary, by arbitration, and may, at any time before a
determination is made by the Local Industrial Board in settlement of the
industrial dispute, revoke such a reference.
(2) For the purposes of investigating and dealing with an industrial dispute
that has been referred to it under sub-section (1), a Local Industrial Board
may, subject to sub-section (3), exercise all the powers of the Commission
under this Act that are exercisable by a Commissioner.
(3) Where an industrial dispute within the meaning of Division 2 or 4 of
Part III is referred to a Local Industrial Board under sub-section (1), the
exercise, by the Local Industrial Board, of the powers conferred on it by
sub-section (2) is subject to any directions of the Presidential Member
assigned by the President for the purposes of the Division concerned.
(4) A determination made by a Local Industrial Board in settlement of an
industrial dispute referred to it under sub-section (1) shall, for the
purposes of this Act other than section 36A, be deemed to be an award made by
a member of the Commission under this Act, but section 35 applies in relation
to such a determination as if paragraph 35 (9) (e) were omitted.
(5) A Local Industrial Board exercising powers conferred on it by
sub-section (2) has the same protection and immunity as, by virtue of section
11A, a member of the Commission has in the performance of his functions and
duties as a member of the Commission.
(6) Section 61 applies in relation to a determination made by a Local
Industrial Board in settlement of an industrial dispute referred to it under
sub-section (1) of this section as if references in section 61 to the
Commission were references to that Local Industrial Board exercising, in
relation to that industrial dispute, the powers conferred on it by sub-section
(2).
(7) A determination made by a Local Industrial Board in settlement of an
industrial dispute referred to it under sub-section (1) shall, for the
purposes of section 65, be deemed not to be an order, award, decision or
determination of a State Industrial Authority.
(8) Sections 182, 183, 184, 186, 187 and 197A apply in relation to the
exercise of powers under this section by a Local Industrial Board as if
references in those sections to -
(a) a member of the Commission when exercising powers of functions;
(b) a member of the Commission; or
(c) the Commission,
were references to the Local Industrial Board exercising powers conferred on
it by sub-section (2).
(9) In this section -
(a) "Local Industrial Board" means a member of a State Industrial Authority
nominated by the President of that State Industrial Authority;
(b) a reference to the President of a State Industrial Authority is a
reference to the head, however described, of the State Industrial Authority;
and
(c) a reference to an industrial dispute includes a reference to a part of
an industrial dispute.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 44C
Member of Commission may exercise powers under prescribed State laws
SECT
44C. (1) Where, in accordance with the provisions of a prescribed law of a
State, the President of a State Industrial Authority of that State requests
the President of the Commission to nominate a member of the Commission to deal
with a particular dispute or claim with which the State Industrial Authority
is empowered to deal or a particular threatened dispute or claim with which
the State Industrial Authority would be empowered to deal, the President of
the Commission may, if in his opinion it is appropriate so to do, nominate a
member of the Commission to deal with that dispute or claim.
(2) Where, in pursuance of a request made under the prescribed law of a
State, a member of the Commission is nominated by the President of the
Commission under sub-section (1) to deal with a particular dispute or claim,
that member may exercise such powers and shall perform such functions, for the
purpose of dealing with that dispute or claim, as are, by that prescribed law,
conferred on a member of the Commission who is so nominated.
(3) A determination made by a member of the Commission in the exercise of
powers or the performance of functions conferred on him as mentioned in
sub-section (2) -
(a) shall, for the purposes of this Act, be deemed not to have been made by
a member of the Commission under this Act; and
(b) shall, for the purposes of section 65, be deemed to be a decision or
determination of a State Industrial Authority.
(4) In this section, a reference to the President of a State Industrial
Authority is a reference to the head, however described, of the State
Industrial Authority.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 45
Secret ballot may be ordered
SECT
45. (1) Where -
(a) an organization is a party to or concerned in an industrial dispute with
which the Commission or some other tribunal acting in pursuance of a law of
the Commonwealth is empowered to deal (whether or not proceedings in relation
to the dispute are before the Commission or such a tribunal); and
(b) the Commission thinks that the prevention or settlement of the dispute
would or might be encouraged or assisted by ascertaining the views or attitude
of the members, or of a section or class of the members, of the organization
or of a branch of the organization in relation to a matter,
the Commission may order that a vote of those members, or of the members
included in that section or class, for the purpose of ascertaining their views
or attitude in relation to that matter, be taken by secret ballot (with or
without provision for absent voting) in accordance with directions given by
the Commission.
(2) Where it appears to the Commission -
(a) that industrial action is being taken or the taking of industrial action
is threatened, pending or probable; and
(b) that the cessation or prevention of the industrial action, or the
settlement of the matters giving rise to the industrial action, would or might
be encouraged or assisted by ascertaining the views or the attitudes of the
members, or of a section or class of the members, of the organization
concerned, or a branch of that organization, in relation to the matter,
the Commission may order that a vote of those members, or of the members
included in that section or class, for the purpose of ascertaining their views
or attitude in relation to that matter, be taken by secret ballot (with or
without provision for absent voting) in accordance with directions given by
the Commission.
(3) The powers of the Commission under sub-sections (1) and (2) (including
the power to revoke an order made under either of those sub-sections) are
exercisable by a Presidential Member or a Full Bench and not otherwise.
(3A) Where -
(a) the members, or members included in a section or class of the members,
of an organization or of a branch of an organization are directed or requested
by the organization or by the branch to engage in industrial action; and
(b) the members to whom that direction is given or that request is made are,
or include, persons who are employed by a particular employer at a particular
place of work,
such of the persons so employed as wish to do so may, subject to sub-section
(3B), make application, as prescribed, to the Commission for an order by the
Commission under sub-section (3D).
(3B) An application shall not be made under sub-section (3A) unless -
(a) all the applicants are members of the same organization employed by the
same employer at the same place of work; and
(b) the number of the applicants is not less than -
(i) 250 or a number equal to 5% of the number of members of the
organization employed by the employer at the place of work, whichever is the
lesser number; or
(ii) 4, if the lesser number referred to in sub-paragraph (i) is less
than 4.
(3C) A person shall not join with other persons in making an application
under sub-section (3A) if the application includes a statement that, to his
knowledge, is false or misleading in a material particular.
Penalty: $1,000.
(3D) Subject to this section, the Commission shall, upon an application made
to it under sub-section (3A), order that a vote of the members to whom the
application relates for the purpose of ascertaining whether or not they
support the industrial action to which the application relates be taken by
secret ballot in accordance with directions given by the Commission.
(3E) Where the Commission, in considering an application made to it under
sub-section (3A), forms the view that the cessation or prevention of the
industrial action, or the settlement of the matters giving rise to the
industrial action, to which the application relates would not be encouraged or
assisted by ascertaining the views or attitudes of the members to whom the
application relates, the Commission shall -
(a) where the Presidential member constituting the Commission is not the
President - refer the application to the President for further consideration
under this section by the Commission constituted by the President; or
(b) where the Presidential member constituting the Commission is the
President (whether by virtue of a reference under paragraph (a) or otherwise)
- refuse to grant the application.
(3F) Where the Commission, in considering an application made to it under
sub-section (3A), forms the view that, by reason that -
(a) the industrial action to which the application relates has ceased;
(b) the cessation of the industrial action to which the application relates
is imminent; or
(c) the industrial action to which the application relates is not likely to
take place,
the application should be refused, the Commission shall -
(d) where the Presidential Member constituting the Commission is not the
President - refer the application to the President for further consideration
under this section by the Commission constituted by the President; or
(e) where the Presidential Member constituting the Commission is the
President (whether by virtue of a reference under paragraph (d) or otherwise)
- refuse to grant the application.
(3G) The powers of the Commission under sub-section (3D) (including the
power to revoke an order made under that sub-section) and sub-sections (3E)
and (3F) are exercisable by a Presidential Member and not otherwise.
(3H) Where more than one application is made to the Commission under
sub-section (3A) in relation to a particular place of work, the President may
assign the applications for consideration by a single Presidential Member.
(3J) Where, in considering an application made to it under sub-section (3A),
it appears to the Commission that, in the circumstances that have given rise
to the making of the application, it would be appropriate to make an order for
a secret ballot under sub-section (1) or (2) rather than under sub-section
(3D), the Commission may make such an order under sub-section (1) or (2)
instead of making such an order under sub-section (3D).
(3K) Directions given by the Commission under sub-section (1), (2) or (3D)
shall provide for all matters relating to the ballot, including the following
matters:
(a) the question or questions to be put to the vote;
(b) the eligibility of persons to vote;
(c) the conduct of the ballot generally.
(3L) Before giving a direction under paragraph (3K)(c) relating to the
conduct of a ballot, the Commission shall consult with the Industrial
Registrar or, if the Electoral Commissioner is to arrange for the conduct of
the ballot, with the Electoral Commissioner or an electoral officer within the
meaning of Part II of the Commonwealth Electoral Act 1918 who is designated
for the purpose by the Electoral Commissioner.
(3M) An order under sub-section (3D) for the holding of a secret ballot
shall not be made if it appears to the Commission that the industrial action
concerned is in contravention of a term of an award in relation to which
section 33 applies.
(3N) Where -
(a) the Commission, upon an application made to it under sub-section (3A),
has made an order for a secret ballot under sub-section (1), (2) or (3D); and
(b) before the vote is taken, the Commission forms the view that, by reason
that -
(i) the industrial dispute concerned has been settled or the
industrial action concerned has ceased;
(ii) the settlement of the industrial dispute concerned, or the
cessation of the industrial action concerned, is immenent; or
(iii) the industrial action concerned is not likely to take place,
the secret ballot should not be proceeded with, the Commission shall revoke
the order for the secret ballot.
(3P) A reference in this section to members to whom an application under
sub-section (3A) relates shall be read as a reference to the members of the
organization, or of the branch, referred to in the application, or such of
those members as are included in a particular section or class referred to in
the application, who -
(a) are employed by the employer referred to in the application at the place
of work referred to in the application; and
(b) have been directed or requested by the organization or by the branch to
engage in the industrial action to which the application relates.
(4) The powers that the Coal Industry Tribunal is to have by virtue of
section 34 of the Coal Industry Act 1946 shall be taken to include, in
relation to the coal mining industry, all the powers of the Commission under
this section and sections 45A and 45B.
(5) For the purposes of this section, a member of the Commission or a person
authorized in writing by a member of the Commission or by the Registrar may,
at any time during working hours -
(a) enter any building, mine, mine working, ship, vessel, place or
premises;
(b) inspect or view any work, material, machinery, appliance, article, book,
paper, document or other thing therein; and
(c) interview any employee engaged therein.
(6) An employee shall not, in the course of an interview referred to in
paragraph (5) (c), make to the person conducting the interview a statement,
either orally or in writing, that is false or misleading in a material
particular.
Penalty: $100.
(7) For the purposes of this section, a direction or request to members of
an organization or of a branch of an organization to engage in industrial
action that is given or made by, or on behalf of -
(a) the committee of management of the organization or of the branch, as the
case may be;
(b) an officer or officers of the organization or of the branch, as the case
may be; or
(c) a member or a group of members of the organization or of the branch
acting in pursuance of the rules of the organization or of the branch, as the
case may be,
shall be deemed to be a direction or request by the organization or by the
branch, as the case may be.
(8) In this section -
"industrial action" means -
(a) any action, or failure to act, that is industrial action as defined
in sub-section 4 (1); or
(b) any action in connection with an industrial dispute, being -
(i) the performance of work in a manner different from
that in which it is customarily performed, or the adoption of a practice in
relation to work, the result of which is a restriction or limitation on, or a
delay in, the performance of the work; or
(ii) a ban, limitation or restriction on the performance of
work or on acceptance or offering for work,
but does not include the performance of work in a manner, or the adoption of a
practice, ban, limitation or restriction, that is authorized by the employer
of the persons concerned.
"place of work", in relation to any group of employees of an employer,
includes any place at which the employees included in that group are required
to report (whether in person or by telephone or any other form of
communication) for the purpose of being allocated work by the employer or for
any other purpose connected with the carrying on of the business of the
employer.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 45A
Conduct of ballot
SECT
45A. (1) Where, under section 45, the Commission orders the holding of a
secret ballot, the Commission shall, by order -
(a) direct the organization concerned to make arrangements for the conduct
of the ballot by a person approved by the Industrial Registrar; or
(b) direct the Industrial Registrar to make arrangements for the conduct of
the ballot,
and may give any further directions that it considers necessary for ensuring
the secrecy of votes and otherwise for the purposes of the conduct of the
ballot or the communication of the result to the Commission.
(1A) A direction shall not be given in accordance with paragraph (1) (a)
where the order for the holding of the secret ballot was made upon an
application made to the Commission under sub-section 45 (3A).
(2) Where a direction is given in accordance with paragraph (1) (b), the
Industrial Registrar shall -
(a) conduct the ballot himself;
(b) direct a Deputy Industrial Registrar or an officer employed in a
Registry to conduct the ballot; or
(c) make arrangements with the Electoral Commissioner for the conduct of the
ballot by an Australian Electoral Officer or a member of the staff of the
Australian Electoral Commission.
(3) Where a direction is given in accordance with paragraph (1) (a), the
Commonwealth is liable to pay to the organization the reasonable costs of the
conduct of the ballot as assessed by the Registrar.
(4) Where the result of a ballot conducted in accordance with an order under
section 45 is communicated to the Commission, the Commission shall cause the
Industrial Registrar to inform each of the following persons, by notice in
writing, of that result:
(a) all persons who were eligible to vote in the ballot;
(b) the organization to which those persons belonged, and the employer or
employers by whom those persons were employed, when those persons became
eligible to vote in the ballot.
(5) Where the Commission forms the view that the results of a ballot
conducted in accordance with an order under sub-section 45 (3D) show that the
majority of the members of an organization, or of a branch of an organization,
who recorded a valid vote in the ballot were not in favour of engaging in the
industrial action with which the ballot was concerned, the Commission shall
cause the Industrial Registrar to include in each notice issued under
sub-section (4) with respect to that ballot a statement of the view formed by
the Commission with respect to that ballot.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 45B
Commission to have regard to result of ballot
SECT
45B. In any conciliation or arbitration proceedings before the Commission
that relate to, or are connected with, a matter in relation to which the views
or attitudes of persons have been expressed in a ballot conducted in
accordance with an order under section 45, the Commission shall have regard to
the result of the ballot.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 45C
Certain members not required to obey directions of organization
SECT
45C. (1) Where a notice under sub-section 45A (4) with respect to a ballot
that is issued to a member of an organization, or of a branch of an
organization, includes a statement that the Commission has formed the view
that the results of the ballot to which the notice relates show that the
majority of the members of the organization, or of the branch, who recorded a
valid vote in the ballot were not in favour of engaging in the industrial
action with which the ballot was concerned, then, notwithstanding any rule or
practice of the organization or of the branch, that member is not required to
obey any direction or request with respect to engaging in, or supporting in
any way, that industrial action that is given or made by the organization or
by the branch.
(2) For the purposes of this section, a direction or request to members of
an organization, or of a branch of an organization, that is given or made by,
or on behalf of -
(a) the committee of management of the organization or of the branch, as the
case may be;
(b) an officer or officers of the organization or of the branch, as the case
may be; or
(c) a member or a group of members of the organization or of the branch
acting in pursuance of the rules of the organization or of the branch, as the
case may be,
shall be deemed to be a direction or request given or made by the organization
or the branch, as the case may be.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 46
Offences in relation to ballots
SECT
46. (1) An organization or other person to whom a direction has been given
under section 45A shall comply with the direction.
(2) An officer of an organization, upon being notified by the person
conducting a ballot ordered under section 45 that that person requires him to
provide or make available to that person a register or list of the members of
the organization, or of a branch or section of the organization, for the
purposes of the ballot, shall comply promptly with the requirement, so far as
he is able to do so.
(3) A person shall not, in connection with a ballot ordered under section 45
-
(a) obstruct the taking of the ballot;
(b) use any form of intimidation to prevent from voting, or to influence the
vote of, a person entitled to vote at the ballot;
(c) threaten, offer or suggest, or use, cause, inflict or procure, any
violence, injury, punishment, damage, loss or disadvantage for or on account
of, or to induce -
(i) a vote or omission to vote;
(ii) any support of, or opposition to, voting in a particular manner;
or
(iii) any promise of a vote or omission to vote, or of any such
support or opposition; or
(d) counsel or advise a person entitled to vote to refrain from voting.
(4) A person shall not, without lawful authority or excuse, in connection
with a ballot ordered under section 45 -
(a) personate another person to secure a ballot paper to which the
personator is not entitled or personate another person for the purpose of
voting;
(b) destroy, deface, alter, take or otherwise interfere with a ballot paper
or envelope;
(c) put or deliver a ballot paper or other paper -
(i) into a ballot box or other ballot receptacle;
(ii) into the post; or
(iii) to a person receiving ballot papers for the purposes of the
ballot;
(d) record a vote which he is not entitled to record;
(e) record more than one vote;
(f) forge a ballot paper or envelope or utter a ballot paper or envelope
that he knows to be forged;
(g) supply a ballot paper;
(h) obtain or have in his possession a ballot paper; or
(i) destroy, take, open or otherwise interfere with a ballot box.
(5) A person shall not, in connection with a ballot ordered under section 45
-
(a) request, require or induce another person to show a ballot paper to him,
or to permit him to see a ballot paper, in such a manner that he can see the
vote, while the ballot paper is being marked or after it has been marked; or
(b) being a person performing duties for the purposes of the ballot, show to
another person, or permit another person to have access to, a ballot paper
used in the ballot, otherwise than in the performance of those duties.
Penalty: $500 or imprisonment for 6 months.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 47
Power to grant preference to members of organizations
SECT
47. (1) The Commission may, by an award, or by an order made on the
application of an organization or person bound by an award, direct that
preference shall, in relation to such matters, in such manner and subject to
such conditions as are specified in the award or order, be given to such
organizations or members of organizations as are specified in the award or
order.
(2) Whenever, in the opinion of the Commission, it is necessary, for the
prevention or settlement of an industrial dispute, for ensuring that effect
will be given to the purposes and objectives of an award, for the maintenance
of industrial peace or for the welfare of society to direct that preference
shall be given to members of organizations as provided by sub-section (1), the
Commission shall so direct.
(3) Where the Commission has, under sub-section (1), directed, by an award
or order, that preference shall be given to members of an organization of
employees, an employer bound by the award or order is not required, by reason
of the award or order, to give preference to members of the organization over
a person in respect of whom there is in force a certificate issued under
section 144A.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 48
Power to provide special rates of wages
SECT
48. Where the Commission, by an award, prescribes a minimum rate of wages,
the Commission may provide for the payment of wages at a lower rate for an
employee who is unable to earn the minimum wage so prescribed, and in that
case the Commission shall provide that the lower rate shall not be paid unless
a person or authority specified by the Commission has certified that the
employee is unable to earn the minimum wage.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 49
Common rules
SECT
49. (1) The Commission may, if it appears to be necessary or expedient for
the purpose of preventing or settling an industrial dispute with which it is
dealing or of preventing further industrial disputes, declare that any term of
an award shall, in a Territory, be a common rule of any industry in connection
with which the dispute arose.
(2) Before a common rule is declared under sub-section (1), the Commission
shall, by notification published in the Gazette and in such other publications
(if any) as the Commission thinks fit, specifying the industry and the
industrial matter in relation to which it is proposed to declare a common
rule, make known that all persons and organizations interested and desiring to
be heard may, on or before a specified date, appear or be represented before
the Commission and the Commission shall hear all interested persons and
organizations so appearing or represented.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 49A
Variation of common rules
SECT
49A. (1) Subject to this section, where the Commission varies a term of an
award, being a term that is a common rule of an industry in a Territory, the
variation is, by force of this sub-section, a common rule of that industry in
that Territory with effect from the date of effect of the variation.
(2) Before the Commission varies a term of a kind referred to in sub-section
(1), the Registrar shall, in accordance with the regulations, give notice of
the place where, and the time when, it is proposed to hear the matter
involving that term.
(3) Where the Commission varies a term of a kind referred to in sub-section
(1), the Registrar shall forthwith, in accordance with the regulations,
publish a notice inviting any person or organization interested and desiring
to be heard to lodge, within 28 days after the date of the decision of the
Commission, notice of objection to the variation binding that person or
organization.
(4) If a notice of objection in relation to a variation is lodged by a
person or organization in accordance with sub-section (3), the Commission
shall hear the objection and, if it thinks fit, may declare that the variation
is not binding on that person or organization.
(5) Where the Commission makes a declaration under sub-section (4), the
Registrar shall give notice of that fact in accordance with the regulations.
(6) A variation that is a common rule under this section -
(a) is not enforceable before the expiration of the period of 28 days
referred to in sub-section (3); and
(b) if a notice of objection in relation to the variation is lodged by a
person or organization in accordance with that sub-section - is not
enforceable against that person or organization before the hearing of the
objection is finally disposed of.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 50
Boards of reference
SECT
50. (1) The Commission may, by an award or by an order made on the
application of an organization or person bound by an award -
(a) appoint, or give power to appoint, for the purposes of the award, a
Board of Reference consisting of one or more persons; and
(b) assign to the Board of Reference the function of allowing, approving,
fixing, determining or dealing with, in the manner and subject to the
conditions specified in the award or order, a matter or thing which, under the
award, may from time to time require to be allowed, approved, fixed,
determined or dealt with by the Board.
(2) A Board of Reference appointed under this section may consist of or
include a Commissioner.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 51
Uniformity in relation to hours, holidays, &c.
SECT
51. In determining an industrial dispute, the Commission shall provide, so
far as possible, and so far as the Commission thinks proper, for uniformity
throughout an industry carried on by employers in relation to hours of work,
holidays and general conditions in that industry.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 52
Schemes of apprenticeship
SECT
52. In determining an industrial dispute in which the rates of pay or
conditions of employment applying to apprentices in an industry are in
question, the Commission shall take into consideration any scheme of
apprenticeship provided by or under the law of any State or Territory.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 53
Safety, health and welfare of employees
SECT
53. In determining an industrial dispute, the Commission shall take into
consideration the provisions of any law of a State or Territory relating to
the safety, health and welfare of employees (including children) in relation
to their employment.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 54
Inspector to investigate matters affecting safety of employees
SECT
54. (1) Where, in the opinion of a member of the Commission, a matter
concerning the safety of employees or of other persons in or about a place of
work arises in or in connection with an industrial dispute, he may request the
Secretary to the Department to arrange for an Inspector forthwith to
investigate the matter and to report to him as soon as practicable, and the
Secretary shall direct an Inspector accordingly.
(2) The carrying out of an investigation in accordance with such a direction
shall be deemed to be part of the duties of the Inspector under section 125.
(3) The provisions of sub-sections 125 (6), (7), (8), (9) and (10) apply in
relation to an investigation by an Inspector in accordance with this section.
(4) A report of an Inspector under this section shall be considered by the
member of the Commission where it is relevant to the performance of the powers
and duties of the member under this Act and, unless there are special
circumstances which in his opinion render it undesirable to do so, the member
shall make the report public.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 55
Relief not limited to claim
SECT
55. In making an award in relation to an industrial dispute, the Commission
is not restricted to the specific relief claimed by the parties to the
industrial dispute, or to the demands made by the parties in the course of the
dispute, but may include in the award any matter or thing which the Commission
thinks necessary or expedient for the purpose of preventing or settling the
dispute or of preventing further industrial disputes.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 56
Form of awards
SECT
56. An award shall be framed in such a manner as best to express the
decision of the Commission and to avoid unnecessary technicalities.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 57
Commencement of awards
SECT
57. An award of the Commission constituted by a single member of the
Commission shall not, unless all parties to the industrial dispute who appear
or are represented before the Commission consent or the Commission otherwise
directs, have effect until after the expiration of 28 days from the date of
the award.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 58
Continuance of awards
SECT
58. (1) Subject to section 59, an award determining an industrial dispute
continues in force -
(a) except where paragraph (b) applies - for a period specified in the
award, not exceeding 5 years from the date on which the award comes into
force; or
(b) in the case of a memorandum which, under section 28, is deemed to be an
award - for a period specified in the memorandum, not exceeding 3 years from
the date on which the memorandum, as certified under that section, comes into
force.
(2) After the expiration of the period so specified, the award shall,
subject to section 59, and unless the Commission otherwise orders, continue in
force until a new award has been made.
(3) Nothing in sub-section (1) prevents the inclusion in an award of
provisions in relation to long service leave with pay or sick leave with pay
notwithstanding that those provisions are so expressed as not to be capable of
operating, or of operating fully, during the period specified in the award in
pursuance of sub-section (1).
(4) Where, in pursuance of sub-section (2), an award has continued in force
after the expiration of the period specified in the award, any award made by
the Commission for the settlement of a new industrial dispute between the
parties may be made to operate from a date not earlier than the date upon
which the dispute arose.
(5) The fact that an award determining an industrial dispute has been made
and is in force does not prevent an award being made for the settlement of a
further industrial dispute between all or any of the parties to the
first-mentioned award, with or without additional parties, and whether or not
the subject-matter of the further industrial dispute is the same in whole or
in part as the subject-matter of the industrial dispute determined by the
first-mentioned award.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 59
Setting aside and variation of awards
SECT
59. (1) The Commission may, if for any reason it considers it desirable to
do so, set aside an award or any of the terms of an award.
(2) The Commission may, if for any reason it considers it desirable to do
so, and shall if it considers it desirable for the purpose of removing
ambiguity or uncertainty, vary any of the terms of an award.
(3) The provisions of this Act, so far as they are capable of application,
apply in relation to applications for the variation or setting aside of awards
and proceedings in respect of such applications in like manner as they apply
in relation to industrial disputes and proceedings in respect of such
disputes, and for that purpose such an application shall be treated as if it
were the notification of an industrial dispute.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 60
Decisions of Commission to be final
SECT
60. (1) Subject to this Act, an award (including an award made on appeal) -
(a) is final and conclusive;
(b) shall not be challenged, appealed against, reviewed, quashed or called
in question in any court; and
(c) is not subject to prohibition, mandamus or injunction in any court on
any account.
(2) A determination or finding of the Commission upon a question as to the
existence of an industrial dispute is, in all courts and for all purposes,
conclusive and binding on all persons affected by that question.
(3) An award shall not be called in question in any way on the ground that
it was made by the Commission constituted otherwise than as provided by this
Act.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 61
On whom awards to be binding
SECT
61. An award determining an industrial dispute is binding on -
(a) all parties to the industrial dispute who appeared or were represented
before the Commission;
(b) all parties to the industrial dispute who were summoned or notified,
either personally or as prescribed, to appear as parties to the dispute,
whether they appeared or not;
(c) all parties who, having been notified, either personally or as
prescribed, of the industrial dispute and of the fact that they were alleged
to be parties to the dispute, did not, within the time prescribed, satisfy the
Commission that they were not parties to the dispute;
(d) in the case of employers, any successor to, or any assignee or
transmittee of, the business of a party to the dispute or of a party bound by
the award, including any corporation which has acquired or taken over the
business of such a party;
(e) all organizations and persons on whom the award is binding as a common
rule; and
(f) all members of organizations bound by the award.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 62
Cancellation of an award
SECT
62. (1) If it appears to a Full Bench, on the application of an
organization, a person interested, the Minister or the Registrar -
(a) that an organization entitled to the benefit of an award has committed a
breach or non-observance of this Act or the regulations, of an award, or of an
order of the Court;
(b) that a number of members of an organization sufficiently large to form a
substantial part of the organization refuse to accept employment either at all
or in accordance with existing awards; or
(c) that for any other reason an award ought to be suspended or cancelled in
whole or in part,
the Commission may, subject to such conditions as it thinks fit, suspend or
cancel, for such period as it thinks fit, all or any of the terms of an award
in force so far as the award applies to, or is in favour of, the organization
or its members.
(2) During the period of suspension or cancellation, a person affected, as a
present or past member of the organization, by the suspension or cancellation
is not entitled to the benefit of any other award in force and every such
award shall cease to apply to the employment of those persons.
(3) The suspension or cancellation may be limited to specified persons or
classes of persons, to a specified branch of the organization, or to specified
localities.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 63
Representation of parties
SECT
63. (1) In proceedings before the Commission, a party or intervener -
(a) being an organization, may be represented by a member, officer or
employee of the organization; and
(b) not being an organization, may be represented by -
(i) an employee of that party or intervener; or
(ii) a member, officer or employee of an organization of which that
party or intervener is a member,
but, subject to sub-sections (1A) and (2), a party or intervener shall not be
represented by counsel, solicitor or paid agent except -
(c) by leave of the Commission and with the consent of all parties; or
(d) by leave of the Commission, granted upon application made by a party, on
the ground that, having regard to the subject-matter of the proceedings, there
are special circumstances which make it desirable that the parties and
interveners may be so represented.
(1A) In proceedings before the Commission in which the Minister is a party
or intervener, he may be represented by counsel or solicitor or by an officer
of the Australian Public Service authorized by the Minister to represent him.
(2) Where the Minister is a party to or has intervened in proceedings before
the Commission, a party or intervener may, with the leave of the Commission,
be represented by counsel, solicitor or paid agent.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 64
Certificate of Registrar as to industrial dispute
SECT
64. A certificate by the Registrar that an industrial dispute exists, or is
threatened, impending or probable, as an industrial dispute extending beyond
the limits of any one State is evidence that the fact is as stated.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 65
Awards to prevail over State laws, awards, &c.
SECT
65. Where a State law, or an order, award, decision or determination of a
State Industrial Authority, is inconsistent with, or deals with a matter dealt
with in, an award, the latter prevails and the former, to the extent of the
inconsistency or in relation to the matter dealt with, is invalid.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 66
State authorities may be restrained from dealing with disputes
SECT
66. (1) If it appears to a Full Bench that a State Industrial Authority is
dealing or is about to deal with an industrial dispute or with a matter which
is provided for in an award or is the subject of proceedings under this Part,
the Commission may make such order restraining the State Industrial Authority
from dealing with that industrial dispute or matter as the Commission thinks
fit, and thereupon the Authority shall, in accordance with the order, cease to
proceed in that industrial dispute or matter.
(2) An order, award, decision or determination of a State Industrial
Authority made on contravention of an order made under this section is, to the
extent of the contravention, void.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 67
Conference with State authorities
SECT
67. (1) Where it appears to the President to be desirable, in relation to an
industrial matter, that a conference should be held with a State Industrial
Authority, he may, if that Authority is willing, confer with that Authority,
or arrange for a Deputy President to confer with that Authority, with a view
to securing co-ordination between any awards made or to be made under this
Part and any orders, awards, decisions or determinations made or given or to
be made or given by that Authority.
(2) Where it appears to the President to be desirable, he may confer with a
State Industrial Authority in relation to the exercise, or the proposed
exercise, of powers of the Commission by a member of the Commission as
mentioned in section 22AA.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 68
Divisions of opinion
SECT
68. Where the Commission constituted by 3 or more members of the Commission
is divided in opinion on a question, the question shall be decided according
to the decision of the majority, if there is a majority, but if the Commission
as so constituted is equally divided in opinion, the question shall be decided
-
(a) according to the opinion of the President; or
(b) if the President is not sitting as a member of the Commission, according
to the opinion of the Deputy President, or of the senior Deputy President,
present.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 69
Conference of Commissioners
SECT
69. The President shall summon, whenever he considers it desirable so to do
but not less frequently than once in each year, a conference of members of the
Commission to discuss matters relating to the operation of Part II and of this
Part and, in particular, means for ensuring expedition in the settlement of
industrial disputes.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70
Annual reports
SECT
70. The President shall, once in each year, furnish to the Minister, for
presentation to the Parliament, a report on the working of Part II and of this
Part and, in particular, the extent to which the objects of this Act have been
achieved.
CONCILIATION AND ARBITRATION ACT 1904 - DIVISION 1A
Division 1A - Industrial Matters - Commonwealth and Territory Employees
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70A
Interpretation
SECT
70A. (1) In this Division, unless the contrary intention appears -
"Commonwealth authority" means -
(a) a body corporate established for a public purpose by or under a
law of the Commonwealth or an Ordinance of the Australian Capital Territory;
or
(b) a company or other body corporate incorporated under a law
of the Commonwealth or of a State or Territory, being a company or other body
corporate in which the Commonwealth has a controlling interest,
other than -
(c) the Australian Postal Commission, the Australian
Telecommunications Commission or the Australian National Railways Commission;
(d) such of the following bodies, namely, the Australian Shipping
Commission, the Australian Industry Development Corporation, the Australian
National Airlines Commission, the Pipeline Authority and the Health Insurance
Commission, as are not declared by the regulations to be Commonwealth
authorities; or
(e) a body declared by the regulations to be a body to which this
definition does not apply;
"employee" means a person employed, whether in a permanent capacity or
otherwise, by an employer, but does not include -
(a) the holder of an office established by a law of the
Commonwealth or of a Territory who is not an officer (other than an unattached
officer) of the Australian Public Service or the Public Service of the
Northern Territory;
(b) a person employed in the Public Service of an external
Territory;
(c) a person who is an employee within the meaning of Division 3;
(d) a person appointed or engaged under Part III of the
Commonwealth Teaching Service Act 1972; or
(e) a person employed under an Act, or a law of a Territory, that is
prescribed for the purposes of this paragraph, other than an Act referred to
in paragraph (a) or (b) of the definition of "employing authority" or the law
referred to in paragraph (f) of that definition;
"employer" means the Commonwealth, the Northern Territory, a Commonwealth
authority or a Northern Territory authority;
"employing authority", in relation to an employee, means -
(a) in the case of an employee of the Commonwealth employed
under the Public Service Act 1922 -
(i) the Minister administering the Department in which
the employee is employed; or
(ii) the Public Service Board;
(b) in the case of an employee of the Commonwealth employed
under the Supply and Development Act 1939 or the Naval Defence Act 1910 -
(i) the Minister administering the Act concerned; or
(ii) a person empowered by section 10 of the Supply and
Development Act 1939 or section 42 of the Naval Defence Act 1910, as the case
may be, to engage persons for employment;
(c) in the case of any other employee of the Commonwealth - the
prescribed person or persons;
(d) in the case of an employee of a Commonwealth authority
whose terms and conditions of employment are determined or approved by the
Public Service Board -
(i) the Minister having responsibility in relation to the
authority;
(ii) the principal officer of the authority; or
(iii) the Public Service Board;
(e) in the case of any other employee of a Commonwealth
authority -
(i) the Minister having responsibility in relation to the
authority; or
(ii) the principal officer of the authority;
(f) in the case of an employee of the Northern Territory employed
under the law of the Territory relating to the Public Service of the Territory
-
(i) the Minister of the Territory administering the
Department in which the employee is employed; or
(ii) the Northern Territory Public Service Commissioner;
(g) in the case of any other employee of the Northern
Territory - the prescribed person or persons;
(h) in the case of an employee of a Northern Territory authority
whose terms and conditions of employment are determined or approved by the
Northern Territory Public Service Commissioner -
(i) the Minister of the Territory having responsibility in
relation to the authority;
(ii) the principal officer of the authority; or
(iii) the Northern Territory Public Service Commissioner;
or
(j) in the case of any other employee of a Northern Territory
authority -
(i) the Minister of the Territory having responsibility in
relation to the authority; or
(ii) the principal officer of the authority;
"employment" includes service;
"industrial dispute" means a dispute (including a threatened, impending or
probable dispute) as to industrial matters, and includes -
(a) a part of an industrial dispute;
(b) an industrial dispute so far as it relates to a matter in dispute; or
(c) a question arising in relation to an industrial dispute;
"industrial matter" means any matter in relation to the salaries, wages,
rates of pay or other terms or conditions of employment of employees
(including a question arising in relation to such a matter) and, without
limiting the generality of the foregoing, includes -
(a) any question arising between 2 or more organizations of
employees or within an organization of employees as to the rights, status or
functions of the members of those organizations or of that organization or
otherwise in relation to the employment of those members; and
(b) any question as to the demarcation of functions of employees
or classes of employees, whether as between employers and employees or between
members of different organizations;
"industrial question" means -
(a) an industrial dispute; or
(b) an industrial matter;
"Northern Territory authority" means -
(a) a body corporate established for a public purpose by or under a
law of the Northern Territory; or
(b) a company or other body corporate incorporated under a law
of the Commonwealth or of a State or Territory, being a company or other body
corporate in which the Northern Territory has a controlling interest,
other than a body declared by the regulations to be a body to which this
definition does not apply;
"principal officer", in relation to a Commonwealth authority or a Northern
Territory authority, means -
(a) in the case of a body referred to in paragraph (a) of the
definition of "Commonwealth authority" or of the definition of "Northern
Territory authority" - the person who constitutes, or is acting as the person
who constitutes, that body or, if the body is constituted by 2 or more
persons, the person who is entitled to preside at any meeting of the body at
which he is present; or
(b) in any other case -
(i) the person holding or acting in the principal executive
office of the authority, by whatever name called; or
(ii) if there is no such office - the person holding or acting in
the office declared by the regulations to be the principal office of the
authority for the purposes of this sub-paragraph;
"public service" means employment by the Commonwealth, the Northern
Territory, a Commonwealth authority or a Northern Territory authority.
(2) For the purposes of this division, a person shall not be taken to be an
employee in respect of -
(a) employment as a member of the Defence Force;
(b) employment the conditions of which are subject to the jurisdiction of a
tribunal established under the Fire Brigades Arbitral Tribunal Ordinance 1965,
as amended, or the Prisons Ordinance 1950, as amended, of the Northern
Territory, other than any such employment that is declared by the regulation
to be employment to which this Division applies; or
(c) employment as a member of the Police Force of the Northern Territory.
(3) Where regulations are made for the purposes of paragraph (b) of
sub-section (2) declaring particular employment to be employment to which this
Division applies, the regulations may make provision for any consequential and
transitional matters arising from or connected with the declaration including,
in particular, provision relating to the continued operation of any or all of
the determinations, awards and orders made in relation to that employment by
the relevant tribunal referred to in that paragraph.
(4) The express references in this Division to officers do not imply that
references to employees do not include references to officers.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70B
Powers in respect of industrial disputes and industrial matters
SECT
70B. The Commission is empowered -
(a) to prevent or settle industrial disputes by conciliation or arbitration;
and
(b) to settle by conciliation, or to hear and determine, industrial matters,
whether or not an industrial dispute exists in relation to those matters.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70C
Exercise of powers
SECT
70C. (1) Subject to this Division, the powers of the Commission in respect
of industrial questions are exercisable by the Commission constituted by the
Presidential Member assigned by the President for the purposes of this
Division or, subject to any directions of that Presidential Member, by a
Commissioner assigned by the President for the purposes of this Division, and
not otherwise.
(2) Subject to sub-section (3), the powers of the Commission in respect of a
particular industrial question may be exercised by the President or by the
Presidential Member assigned by the President for the purpose.
(3) In relation to industrial questions, the powers of the Commission under
sections 31 and 34, sub-section 34A (4) and sections 35 and 36A are
exercisable by a Full Bench, and not otherwise.
(4) Where a Commissioner proposes, in the exercise of powers under this
Division, to make an award, or certify a memorandum of agreement, making
provision for, or altering, the rates of wages or the conditions applicable in
relation to employees, the Commissioner shall, before making the award or
certifying the memorandum of agreement, consult with the Presidential Member
who is assigned by the President for the purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70D
Application of Division 1
SECT
70D. (1) Subject to this Division, Division 1 (other than section 44B)
extends to and in relation to the powers and functions of the Commission under
this Division, proceedings under this Division and awards made under this
Division.
(2) In the application of Division 1, either in accordance with sub-section
(1) or by virtue of any other provision of this Division -
(a) references to industrial disputes shall be read as references to
industrial questions;
(b) references to the parties to an industrial dispute shall be read, in
relation to the powers of the Commission under paragraph (b) of section 70B,
as including references to employees to whose employment the industrial
question relates, employers of such employees and organizations of which any
such employees are members;
(c) references to arbitration shall be read as including references to the
hearing and determination of industrial matters; and
(d) references to the relevant Presidential Member shall be read as
references to the Presidential Member assigned by the President for the
purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70E
Employer to act through employing authority
SECT
70E. Notwithstanding anything to the contrary in this Act or any other law,
for the purposes of -
(a) the provisions of this Division;
(b) any other provisions of this Act in their application under or by virtue
of this Division;
(c) any proceedings under or arising out of any of the provisions referred
to in paragraphs (a) and (b) before the Commission, the Flight Crew Officers
Industrial Tribunal or any Court; and
(d) any award made under any of the provisions referred to in paragraphs (a)
and (b),
an employer of an employee shall not act except by an employing authority of
the employee acting on behalf of the employer and, in particular, but without
limiting the generality of the foregoing -
(e) anything done by any employing authority of an employee has effect as if
it had been done by the employer of the employee; and
(f) anything served on, or otherwise furnished or notified to, any employing
authority of an employee has effect as if it had been served on, or furnished
or notified to, the employer of the employee.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70F
Representation
SECT
70F. (1) This section has effect notwithstanding anything to the contrary in
section 63, 88ZE or 117A.
(2) In proceedings under this Act before the Commission, the Flight Crew
Officers Industrial Tribunal or the Court (other than proceedings under
section 113 or proceedings in respect of an offence against this Act), an
employing authority may be represented by an officer of the Australian Public
Service or -
(a) where the employing authority is a Minister and the employer concerned
is a Commonwealth authority - by an officer of that authority;
(b) where the employing authority is a Minister of the Northern Territory -
(i) if the employer concerned is the Northern Territory - by an
officer of the Public Service of that Territory; or
(ii) if the employer concerned is a Northern Territory
authority - by an officer of that authority;
(c) where the employing authority is the Northern Territory Public Service
Commissioner - by an officer of the Public Service of that Territory;
(d) where the employing authority is the principal officer of a Commonwealth
authority - by an officer of that authority; or
(e) where the employing authority is the principal officer of a Northern
Territory authority - by an officer of that authority.
(3) In proceedings under this Act before the Commission, an employing
authority may be represented by counsel, solicitor or paid agent -
(a) with the leave of the Commission and with the consent of all parties;
(b) with the leave of the Commission, granted upon application made by a
party, on the ground that, having regard to the subject-matter of the
proceedings, there are special circumstances which make it desirable that the
parties and interveners may be so represented; or
(c) with the leave of the Commission, if the Minister is a party to or has
intervened in the proceedings.
(4) In proceedings under this Act before the Flight Crew Officers Industrial
Tribunal -
(a) an employing authority may be represented by counsel, solicitor or paid
agent with the leave of the Tribunal and with the consent of all parties; or
(b) if the Minister is a party to or has intervened in the proceedings -
(i) the Minister may be represented by counsel or solicitor or by an
officer of the Australian Public Service authorized by the Minister to
represent him; and
(ii) an employing authority may, with the leave of the Tribunal, if
the Minister is represented in accordance with sub-paragraph (i), be
represented by counsel, solicitor or paid agent.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70G
Transfer of questions to be dealt with under other provisions of this Act
SECT
70G. (1) Where -
(a) an industrial question is before the Commission as constituted under
this Division otherwise than by the President; and
(b) it appears to the Commission that the question should be dealt with by
the Commission as constituted otherwise than under this Division or by the
Flight Crew Officers Industrial Tribunal,
the Commission shall consult with the President on the question whether the
industrial question should be so dealt with.
(2) Where -
(a) the Commission consults with the President in relation to an industrial
question under sub-section (1); or
(b) an industrial question is before the Commission as constituted by the
President under this Division,
the President may direct that the industrial question be dealt with by the
Commission constituted, as specified, under a specified Division of this Part
other than this Division (including the Commission as constituted by himself)
or by the Flight Crew Officers Industrial Tribunal, and, in that event, the
Commission as so constituted or the Tribunal, as the case may be -
(c) has, by force of this sub-section, the same powers in relation to the
industrial question as if it were the Commission as constituted under this
Division;
(d) shall deal with the industrial question; and
(e) may have regard to any evidence given and any arguments adduced in
relation to the industrial question in arbitration proceedings before the
Commission as constituted under this Division.
(3) The powers conferred on the President by this section are in addition
to, and not in derogation of, the powers conferred on him by sections 23 and
44A.
(4) In this section, "industrial question" includes a part of an industrial
question.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70H
Transfer of matters to be dealt with under this Division
SECT
70H. (1) Where -
(a) a matter is before the Commission (not being a Full Bench) as
constituted under any provision of this Part other than this Division or
before the Flight Crew Officers Industrial Tribunal; and
(b) it appears to the Commission or the Tribunal, as the case may be, that
the matter -
(i) is an industrial question within the meaning of this Division;
and
(ii) should be dealt with under this Division,
the succeeding provisions of this section apply.
(2) The Tribunal, or, where the matter is before the Commission as
constituted otherwise than by the President, the Commission, shall consult
with the President on the question whether the matter should be dealt with
under this Division.
(3) If the President is satisfied that the matter is an industrial question
within the meaning of this Division, he may direct that the matter be dealt
with under this Division, and, in that event, the Commission as constituted
under this Division -
(a) shall deal with the matter; and
(b) may have regard to any evidence given and any arguments adduced in
relation to the matter in arbitration proceedings before the Commission as
otherwise constituted or before the Tribunal, as the case may be.
(4) In this section, "matter" means an industrial dispute, industrial matter
or industrial question, as defined by the relevant provision of this Act, and
includes a part of a matter.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70J
Orders in relation to industrial action
SECT
70J. (1) Where, in relation to an industrial question, it appears to the
Commission that industrial action is occurring or is likely to occur, the
Commission may, after hearing such evidence (if any) as it thinks fit, make
such orders as it thinks necessary or desirable for putting an end to, or
preventing the occurrence of, the industrial action or preventing the
occurrence of further industrial action or such other orders as it thinks
necessary or desirable by reason of the occurrence or likely occurrence of the
industrial action.
(2) The powers conferred on the Commission by this section are in addition
to, and not in derogation of, the powers conferred on the Commission by any
other provision of this Act.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 70K
Common rules
SECT
70K. (1) The Commission may, if it appears to be necessary or expedient for
the purpose of preventing or settling an industrial dispute with which it is
dealing or of preventing further industrial disputes, declare that any term of
an award shall, subject to such conditions, exceptions and limitations as are
specified in the declaration, be a common rule of the whole or any specified
part or branch of public service.
(2) Before a common rule is declared under sub-section (1), the Commission
shall, by notification published in the Gazette and in such other publications
(if any) as the Commission thinks fit, specifying the industrial matter in
relation to which it is proposed to declare a common rule, make known that all
persons and organizations interested and desiring to be heard may, on or
before a specified date, appear or be represented before the Commission, and
the Commission shall hear all interested persons and organizations so
appearing or represented.
(3) Section 49A has effect in relation to a common rule under this section
as if the references in sub-section (1) of that section to an industry in a
Territory were references to the whole or any part or branch of public
service.
CONCILIATION AND ARBITRATION ACT 1904 - DIVISION 2
Division 2 - Industrial Matters - Maritime Industries
CONCILIATION AND ARBITRATION ACT 1904 - SECT 71
Interpretation
SECT
71. (1) In this Division, unless the contrary intention appears -
"industrial dispute" means a dispute (including a threatened, impending or
probable dispute) as to industrial matters which extends beyond the limits of
any one State, and includes -
(a) a part of an industrial dispute;
(b) an industrial dispute so far as it relates to a matter in dispute; or
(c) a question arising in relation to an industrial dispute;
"industrial matters" means such matters as would be industrial matters
within the meaning of the definition of "Industrial matters" in sub-section 4
(1) if the references in that definition to employees were references to
seamen only;
"industrial question" means -
(a) an industrial dispute; and
(b) an industrial matter;
"seaman" means a person who is, or whose usual occupation is that of, a
master as defined in section 6 of the Navigation Act 1912, a seaman as so
defined or a pilot as so defined.
(2) A reference in this Division to an industrial matter shall be read as
including a reference to a question arising in relation to an industrial
matter.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 72
Powers in respect of industrial disputes and industrial matters
SECT
72. The Commission is empowered -
(a) to prevent or settle industrial disputes by conciliation or arbitration;
and
(b) to settle by conciliation, or to hear and determine, industrial matters
in so far as those matters relate to -
(i) trade and commerce with other countries or among the States;
(ii) trade and commerce between a State and a Territory; or
(iii) trade and commerce in a Territory,
whether or not an industrial dispute exists in relation to those matters.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 73
Exercise of powers
SECT
73. (1) Subject to this section, the powers of the Commission in respect of
industrial questions are exercisable by the Commission constituted by the
Presidential Member assigned by the President for the purposes of this
Division or, subject to any directions of that Presidential Member, by a
Commissioner assigned by the President for the purposes of this Division, and
not otherwise.
(2) Subject to sub-section (3), the powers of the Commission in respect of a
particular industrial question may be exercised by the President or by a
Presidential Member assigned by the President for the purpose.
(3) In relation to industrial questions, the powers of the Commission under
sections 31 and 34, sub-section 34A (4) and sections 35 and 36A, are
exercisable by a Full Bench, and not otherwise.
(4) Where a Commissioner proposes, in the exercise of powers under this
Division, to make an award, or certify a memorandum of agreement, making
provision for, or altering, the rates of wages or the conditions applicable in
relation to seamen, the Commissioner shall, before making the award or
certifying the memorandum of agreement, consult with the Presidential Member
who is assigned by the President for the purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 74
Application of Division 1
SECT
74. (1) Subject to this Division, Division 1 extends to and in relation to
the powers and functions of the Commission under this Division, to and in
relation to proceedings under this Division and to and in relation to awards
made under this Division.
(2) In the application of Division 1 in accordance with sub-section (1) -
(a) references to industrial disputes shall be read as references to
industrial questions;
(aa) a reference in section 44B to the powers of the Commission under this
Act that are exercisable by a Commissioner shall be read as a reference to the
powers of the Commission under this Act that, by virtue of section 73, are
exercisable by a Commissioner assigned by the President for the purposes of
this Division;
(b) references to the parties to an industrial dispute shall be read, in
relation to the powers of the Commission under paragraph 72 (b), as references
to seamen to whose employment the industrial question relates, employers of
such seamen and organizations of which any such seamen or employers are
members;
(c) references to arbitration shall be read as including references to the
hearing and determination of industrial matters; and
(d) references to the relevant Presidential Member shall be read as
references to the Presidential Member assigned by the President for the
purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 75
Award inconsistent with certain provisions of Navigation Act
SECT
75. An award under this Division may be made inconsistent with Division 15
of Part II of the Navigation Act 1912.
CONCILIATION AND ARBITRATION ACT 1904 - DIVISION 3
Division 3 - Industrial Matters - Snowy Mountains Area
CONCILIATION AND ARBITRATION ACT 1904 - SECT 76
Interpretation
SECT
76. In this Division, unless the contrary intention appears -
"contractor with the Authority" means a person between whom and the
Authority there is in force an agreement for the performance of work for or on
behalf of the Authority in the specified area, but does not include a State,
an authority of a State or a local governing body;
"employee" means -
(a) an employee engaged by the Authority under section 22 of the
Act;
(b) a person employed by a contractor with the Authority and
working in the specified area in connection with the work the subject of the
agreement between that contractor and the Authority; and
(c) a person employed by a sub-contractor with the Authority and
working in the specified area in connection with the work the subject of the
agreement between that sub-contractor and the contractor with the Authority;
"industrial dispute" means a dispute (including a threatened, impending or
probable dispute) as to industrial matters, and includes -
(a) a part of an industrial dispute;
(b) an industrial dispute so far as it relates to a matter in dispute; or
(c) a question arising in relation to an industrial dispute;
"industrial matter" means any matter in relation to the salaries, wages,
rates of pay or other terms or conditions of service or employment of
employees, and includes a question arising in relation to such a matter;
"industrial question" means -
(a) an industrial dispute; and
(b) an industrial matter;
"sub-contractor with the Authority" means a person between whom and a
contractor with the Authority there is in force an agreement for the
performance of work for or on behalf of that contractor in the specified area,
being work in connection with the work the subject of the agreement between
that contractor and the Authority, but does not include a State, an authority
of a State or a local governing body;
"the Act" means the Snowy Mountains Hydro-electric Power Act 1949;
"the Authority" means the Snowy Mountains Hydro-electric Authority;
"specified area" means -
(a) the Snowy Mountains Area referred to in section 6 of the Act;
and
(b) such other areas as are prescribed, being areas in which works
referred to in section 17 of the Act are being constructed, maintained,
operated, protected, managed or controlled.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 77
Powers in respect of industrial disputes and industrial matters
SECT
77. The Commission is empowered -
(a) to prevent or settle industrial disputes by conciliation or arbitration;
and
(b) to settle by conciliation, or to hear and determine, industrial matters,
whether or not an industrial dispute exists in relation to those matters.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 78
Exercise of powers
SECT
78. (1) Subject to this section, the powers of the Commission in respect of
industrial questions are exercisable by the Commission constituted by the
Presidential Member assigned by the President for the purposes of this
Division or, subject to any directions of that Presidential Member, by a
Commissioner assigned by the President for the purposes of this Division, and
not otherwise.
(2) Subject to sub-section (3), the powers of the Commission in respect of a
particular industrial question may be exercised by the President or by a
Presidential Member assigned by the President for the purpose.
(3) In relation to industrial questions, the powers of the Commission under
sections 31 and 34, sub-section 34A (4) and sections 35 and 36A, are
exercisable by a Full Bench, and not otherwise.
(4) Where a Commissioner proposes, in the exercise of powers under this
Division, to make an award, or certify a memorandum of agreement, making
provision for, or altering, the rates of wages or the conditions applicable in
relation to employees, the Commissioner shall, before making the award or
certifying the memorandum of agreement, consult with the Presidential Member
who is assigned by the President for the purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 80
Application of Division 1
SECT
80. (1) Subject to this Division, Division 1 (other than section 44B)
extends to and in relation to the powers and functions of the Commission under
this Division, to and in relation to proceedings under this Division and to
and in relation to awards made under this Division.
(2) In the application of Division 1 in accordance with sub-section (1) -
(a) references to industrial disputes shall be read as references to
industrial questions;
(b) references to the parties to an industrial dispute shall be read, in
relation to the powers of the Commission under paragraph 77 (b), as references
to employees to whose employment the industrial question relates, employers of
such employees and organizations of which any such employees or employers are
members;
(c) references to arbitration shall be read as including references to the
hearing and determination of industrial matters; and
(d) references to the relevant Presidential Member shall be read as
references to the Presidential Member assigned by the President for the
purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - DIVISION 4
Division 4 - Industrial Matters - Waterside Workers
CONCILIATION AND ARBITRATION ACT 1904 - SECT 81
Interpretation
SECT
81. (1) In this Division, unless the contrary intention appears -
"employer" means -
(a) a person who engages, or offers to engage, persons for
employment as waterside workers for work on a wharf or ship;
(b) a ship's agent or shipowner who directs the method or time of
working of a stevedoring employer or contractor; and
(c) a master or officer of a ship engaged in work of the same nature
as the work usually performed by a stevedoring employer,
and includes an agent or servant of a person to whom paragraph (a), (b) or (c)
applies;
"industrial dispute" means a dispute (including a threatened, impending or
probable dispute) as to industrial matters which extends beyond the limits of
any one State, and includes -
(a) a part of an industrial dispute;
(b) an industrial dispute so far as it relates to a matter in dispute; or
(c) a question arising in relation to an industrial dispute;
"industrial matters" means all matters pertaining to the relations of
employers and waterside workers and, without limiting the generality of the
foregoing, includes -
(a) all matters or things affecting or relating to work done or to be
done;
(b) the privileges, rights and duties of employers and of waterside
workers;
(c) the wages, allowances and remuneration of waterside workers
employed or to be employed;
(d) the piece-work, contract or other reward paid or to be paid in
respect of employment;
(e) the question whether piece-work or contract work or any other
system of payment by results shall be allowed, forbidden or exclusively
prescribed;
(f) the question whether monetary allowances shall be made in
respect of any time when a waterside worker is not actually working;
(g) the question whether minimum payments shall be made to
waterside workers in respect of any circumstances or period;
(h) the hours of employment, age, qualifications and status of
waterside workers;
(i) the mode, terms and conditions of employment;
(j) the employment of any waterside workers or class of waterside
workers;
(k) the preferential employment or the non-employment of any
particular waterside worker or class of waterside worker or of waterside
workers being or not being members of an organization;
(l) the right to dismiss or to refuse to employ, or the duty to
reinstate in employment, a particular waterside worker or class of waterside
workers;
(m) any custom or usage, whether general or in a particular
locality;
(n) any industry dispute, including any matter which may be a
contributory cause of such a dispute; and
(o) the provision of first-aid equipment, medical attendance,
ambulance facilities, rest rooms, sanitary and washing facilities, canteens,
cafeteria, dining rooms and other amenities for waterside workers,
and includes all questions of what is right and fair in relation to an
industrial matter having regard to the interests of the persons immediately
concerned and of society as a whole;
"industrial question" means an industrial dispute or an industrial matter;
"ship" includes barge, lighter, hulk or other vessel;
"stevedoring operations" means -
(a) the loading or unloading of cargo into or from ships;
(b) the loading or unloading, into or from ships, of ships' stores
coal or fuel oil (whether for bunkers or not), passengers' luggage or mails;
(c) the handling or storage of cargo or other goods at or adjacent to
a wharf;
(d) the driving or operation of mechanical appliances used in
connection with the loading or unloading of ships or with the handling or
storage of cargo or other goods at or adjacent to a wharf; and
(e) haulage or trucking from ship to shed or shed to ship,
and includes -
(f) the removal or replacing of beams or hatches;
(g) the handling of dunnage or ballast;
(h) the preparing or cleaning of holds; and
(j) the preparation of gear for use in connection with the loading or
unloading of ships,
when that work is performed by a person who is a member, or has applied for
membership, of the Waterside Workers' Federation of Australia;
"waterside worker" means a person who accepts, or offers to accept,
employment for work in the loading or unloading of cargo into or from ships,
and includes a person who is a member, or has applied for membership, of the
Waterside Workers' Federation of Australia who accepts, or offers to accept,
employment for work in -
(a) the loading or unloading, into or from ships, of ships' stores,
coal or fuel oil (whether for bunkers or not), passengers' luggage or mails;
(b) the handling or storage of cargo or other goods at or adjacent to
a wharf;
(c) the driving or operation of mechanical appliances used in
connection with the loading or unloading of ships or with the handling or
storage of cargo or other goods at or adjacent to a wharf;
(d) haulage or trucking from ship to shed or shed to ship;
(e) the removal or replacing of beams or hatches;
(f) the handling of dunnage or ballast;
(g) the preparing or cleaning of holds; or
(h) the preparation of gear for use in connection with the loading
or unloading of ships,
but does not include -
(j) persons working in or alongside a ship in connection with the
direction or checking of the work of waterside workers;
(k) members of the crew of a ship on the ship's articles;
(l) members of the crew of a lighter;
(m) members of the Sydney Coal Lumpers Union while loading or
unloading coal in the port of Sydney;
(n) persons employed, directly or indirectly, at a port in or in
connection with stevedoring operations which consist of the loading or
unloading, into or from ships, of loose bulk cargo by means of equipment based
on the shore, not being persons employed, in relation to a particular class of
loose bulk cargo, in operations that, before 14 August 1956, were ordinarily
performed at that port by members of the Waterside Workers' Federation of
Australia or the North Australian Workers' Union in connection with the
loading or unloading by those means of loose bulk cargo of that class; or
(o) persons in the regular employment of a person engaged in an
industrial undertaking, being persons whose duties include the performance of
stevedoring operations in connection with that undertaking;
"wharf" includes a pier or jetty.
(2) A reference in this Division to an industrial matter shall be read as
including a reference to a question arising in relation to an industrial
matter.
(3) Without limiting by implication the definition of "industrial matters"
in sub-section (1), a reference in this Division, other than in the definition
of "industrial dispute" in sub-section (1), to industrial matters shall be
read as including a reference to -
(a) a question as to the number of waterside workers required at a port for
the proper and effective conduct of stevedoring operations at the port;
(b) a question as to the circumstances in which waterside workers will be
employed at a port to assist in the performance of particular stevedoring
operations by reason that the number of waterside workers regularly employed
at the port is insufficient for the efficient performance of those stevedoring
operations;
(c) matters relating to the recruitment of waterside workers; and
(d) a matter pertaining to attendance money or a question arising in
relation to such a matter.
(4) A reference in this Division to a wharf shall be read as including a
reference to a shed adjacent to a wharf.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 81A
Application of Division
SECT
81A. Nothing in this Division shall be taken to extend the application of
this Division to matters pertaining to the relations of employees in the
occupations or of a kind referred to in paragraph (j) to (o) (inclusive) of
the definition of "waterside worker" in sub-section 81 (1) and employers of
such employees.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 82
Powers in respect of industrial disputes and industrial matters
SECT
82. The Commission is empowered -
(a) to prevent or settle, by conciliation or arbitration, industrial
disputes; and
(b) to settle by conciliation, and to hear and determine, industrial matters
in so far as those matters relate to -
(i) trade and commerce with other countries or among the States;
(ii) trade and commerce between a State and a Territory; or
(iii) trade and commerce in a Territory,
whether or not an industrial dispute exists in relation to those matters.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 84
Exercise of powers
SECT
84. (1) Subject to this section, the powers of the Commission in respect of
industrial questions are exercisable by the Commission constituted by the
Presidential Member assigned by the President for the purposes of this
Division or, subject to any directions of that Presidential Member, by a
Commissioner assigned by the President for the purposes of this Division, and
not otherwise.
(2) Subject to sub-section (2A), the powers of the Commission in respect of
a particular industrial question may be exercised by the President or by a
Presidential Member assigned by the President for the purpose.
(2A) In relation to industrial questions, the powers of the Commission under
sections 31 and 34, sub-section 34A (4) and sections 35 and 36A, are
exercisable by a Full Bench, and not otherwise.
(3) Where a Commissioner proposes, in the exercise of powers under this
Division, to make an award, or certify a memorandum of agreement, making
provision for, or altering, the rates of wages or the conditions applicable to
waterside workers, the Commissioner shall, before making the award or
certifying the memorandum of agreement, consult with the Presidential Member
who is assigned by the President for the purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 85A
Appointment of Port Conciliators
SECT
85A. (1) Where, under section 20 (as that section applies for the purposes
of this Division), there have been included in an award or order of the
Commission under this Division procedures for preventing or settling, by
discussion and agreement, disputes between the parties to the award or any of
them as to industrial matters, the Commission may appoint persons to be Port
Conciliators with the function of assisting the parties to the award to
implement effectively those procedures.
(2) A Port Conciliator shall be paid such remuneration as is determined by
the Remuneration Tribunal, but, if no determination of that remuneration by
the Tribunal is in operation, he shall be paid such remuneration as is
prescribed.
(3) A Port Conciliator shall be paid such allowances (if any) as are
prescribed.
(4) Sub-sections (2) and (3) have effect subject to the Remuneration
Tribunals Act 1973.
(5) The Commission may at any time terminate an appointment made under this
section.
(6) Subject to this section, a Port Conciliator holds office on such terms
and conditions as the Commission determines.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 86
Federal Co-ordinating Committee
SECT
86. (1) There is established by this section a committee by the name of the
Federal Co-ordinating Committee.
(2) The Committee shall consist of persons who, except for a member referred
to in sub-section (4), shall be appointed by a person authorized by the
Minister to make appointments for the purposes of this section and shall be so
appointed in accordance with nominations made in accordance with the
regulations.
(3) A member of the Federal Co-ordinating Committee shall hold office as
provided by the regulations.
(4) The Committee may, at any meeting, co-opt a person to be a member of the
Committee for the purpose of the consideration by the Committee of a
particular matter.
(5) A member of the Committee, including a member referred to in sub-section
(4), is not entitled to remuneration or allowances.
(6) The function of the Committee is to encourage agreement between
waterside workers and employers of waterside workers with a view to ensuring
the effective conduct of stevedoring operations in Australia.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 87
Port Co-ordinating Committees
SECT
87. (1) The Minister may establish committees, each to be known as a Port
Co-ordinating Committee, in respect of ports at which stevedoring operations
are conducted.
(2) A Port Co-ordinating Committee shall consist of persons who, except for
a member referred to in sub-section (4), shall be appointed by a person
authorized by the Minister to make appointments for the purposes of this
section and shall be so appointed in accordance with nominations made in
accordance with the regulations.
(3) A member of a Port Co-ordinating Committee shall hold office as provided
by the regulations.
(4) A Port Co-ordinating Committee may, at any meeting, co-opt a person to
be a member of the Committee for the purpose of the consideration by the
Committee of a particular matter.
(5) A member of a Port Co-ordinating Committee, including a member referred
to in sub-section (4), is not entitled to remuneration or allowances.
(6) The function of a Port Co-ordinating Committee established in respect of
a port is to assist the Federal Co-ordinating Committee in the performance in
relation to that port of the function of the Federal Co-ordinating Committee
referred to in sub-section 86 (6).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 87A
Additional functions of Commission in relation to stevedoring industry
SECT
87A. (1) Where -
(a) a relevant stevedoring industry agreement makes provision for the
performance of a function by the Commission; and
(b) the terms of that agreement, in so far as they concern the performance
by the Commission of that function, have been approved in writing by the
Minister,
the Commission may perform that function.
(2) In sub-section (1), "relevant stevedoring industry agreement" means an
agreement expressed to be entered into in furtherance of the report of the
National Stevedoring Industry Conference submitted to the Minister on 5 April
1977.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88
Application of Division 1
SECT
88. (1) Subject to this Division, Division 1 extends to and in relation to
the powers and functions of the Commission under this Division, to and in
relation to proceedings under this Division and to and in relation to awards
or orders made under this Division.
(2) In the application of Division 1 in accordance with sub-section (1) -
(a) references to industrial disputes shall be read as references to
industrial questions;
(aa) a reference in section 44B to the powers of the Commission under this
Act that are exercisable by a Commissioner shall be read as a reference to the
powers of the Commission under this Act that, by virtue of section 84, are
exercisable by a Commissioner assigned by the President for the purposes of
this Division;
(b) references to the parties to an industrial dispute shall be read, in
relation to the powers of the Commission under paragraph 82 (b), as references
to waterside workers to whose employment the industrial question relates,
employers of such waterside workers and organizations of which any such
waterside workers or employers are members;
(c) references to arbitration shall be read as including references to the
hearing and determination of industrial matters; and
(d) references to the relevant Presidential Member shall be read as
references to the Presidential Member assigned by the President for the
purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - DIVISION 5
Division 5 - Industrial Matters - Commonwealth Projects
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88A
Interpretation
SECT
88A. In this Division, unless the contrary intention appears -
"Commonwealth project" means a work or undertaking which is for the time
being declared to be a Commonwealth project for the purposes of the Division;
"industrial dispute" means a dispute (including a threatened, impending or
probable dispute) as to industrial matters, whether or not the dispute extends
beyond the limits of any one State, and includes -
(a) a part of an industrial dispute;
(b) an industrial dispute so far as it relates to a matter in dispute; or
(c) a question arising in relation to an industrial dispute;
"industrial matters" means industrial matters, as defined by sub-section 4
(1) in relation to employment on the site of, or in connection with, a
Commonwealth project, whether or not the persons employed are employed by the
Commonwealth or an authority of the Commonwealth, and includes a question
arising in relation to such a matter.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88B
Commonwealth projects
SECT
88B. (1) The Minister may, by notice published in the Gazette, declare a
work or undertaking which is to be, or is being, carried out or undertaken by
or for the Commonwealth or an authority of the Commonwealth to be a
Commonwealth project for the purposes of this Division.
(2) A notice under sub-section (1) shall specify the site on which the work
or undertaking is to be, or is being, carried out or undertaken.
(3) The Minister may, by notice published in the Gazette, declare that this
Division shall not apply in relation to the employment of persons or a class
of persons specified in the notice, being persons employed on the site of a
Commonwealth project, and in that case the Commission is not empowered to
exercise powers or functions under this Division in relation to the employment
of those persons or a person included in that class of persons.
(4) The Minister may, by notice published in the Gazette, declare that the
persons or a class of persons specified in the notice are employed in
connection with a Commonwealth project and in that case the Commission is
empowered to exercise powers or functions under this Division in relation to
the employment of those persons or a person included in that class of persons.
(5) Except as provided by sub-section (4), the Commission is not empowered
to exercise powers or functions under this Division in relation to the
employment of persons who are employed in connection with a Commonwealth
project but are not employed on the site of that project.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88C
Powers of Commission
SECT
88C. The Commission is empowered -
(a) to prevent or settle industrial disputes by conciliation or arbitration;
and
(b) to settle by conciliation, or to hear and determine, industrial matters,
whether or not an industrial dispute exists in relation to those matters.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88CA
Exercise of powers
SECT
88CA. (1) Subject to this section, the powers of the Commission in respect
of an industrial dispute or industrial matter are exercisable by the
Commission constituted by a Presidential Member or Commissioner assigned by
the President for the purposes of this Division, and not otherwise.
(2) Subject to the succeeding provisions of this section, the powers of the
Commission in respect of a particular industrial dispute or industrial matter
may be exercised by the President or by a Presidential member or Commissioner
assigned by the President for the purpose.
(3) In relation to industrial disputes and industrial matters, the powers of
the Commission under sections 31 and 34, sub-section 34A (4) and sections 35
and 36A, are exercisable by a Full Bench, and not otherwise.
(4) Where a Commissioner proposes, in the exercise of powers under this
Division, to make an award, or certify a memorandum of agreement, making
provision for, or altering, the rates of wages or the conditions applicable in
relation to employees, the Commissioner shall, before making the award or
certifying the memorandum of agreement, consult with the Presidential Member
who is assigned by the President for the purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88D
Application of Division 1
SECT
88D. (1) Subject to this Division, Division 1 (other than section 44B)
extends to and in relation to the powers and functions of the Commission under
this Division, to and in relation to proceedings under this Division and to
and in relation to awards made under this Division.
(2) In the application of Division 1 in accordance with sub-section (1) -
(a) references to industrial disputes shall be read as references to
industrial disputes and industrial matters;
(b) references to the parties to an industrial dispute shall be read, in
relation to the powers of the Commission under paragraph 88C (b), as
references to employees to whose employment the industrial dispute or
industrial matter relates, employers of such employees and organizations of
which any such employees or employers are members;
(c) references to arbitration shall be read as including references to the
hearing and determination of industrial matters; and
(d) references to the relevant Presidential Member shall be read as
references to the Presidential Member assigned by the President for the
purposes of this Division.
CONCILIATION AND ARBITRATION ACT 1904 - DIVISION 5A
Division 5A - Disputes relating to Boycotts
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88DA
Application of Division
SECT
88DA. This Division applies in relation to a dispute relating to a
contravention, or a threatened, impending or probable contravention, of
section 45D, or of section 45E, of the Trade Practices Act 1974, being a
dispute -
(a) that relates, or may relate, to work done or to be done under an award;
or
(b) in which an organization of employees registered pursuant to this Act,
or a member or officer of such an organization, is involved.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88DB
Notification of disputes
SECT
88DB. (1) Where a person applies under section 80 of the Trade Practices Act
1974 to the Federal Court of Australia for an injunction restraining another
person from engaging in conduct that constitutes or would constitute -
(a) a contravention of a provision of section 45D, or of section 45E, of
that Act;
(b) attempting to contravene such a provision;
(c) aiding, abetting, counselling or procuring a person to contravene such a
provision;
(d) inducing, or attempting to induce, a person, whether by threats,
promises or otherwise, to contravene such a provision;
(e) being in any way, directly or indirectly, knowingly concerned in, or
party to, the contravention by a person of such a provision; or
(f) conspiring with others to contravene such a provision, either the
first-mentioned person or the second-mentioned person may notify the President
or the Registrar accordingly.
(2) Where a Minister becomes aware of the existence of a dispute that is or
may be a dispute in relation to which this Division applies, that Minister may
notify the President or the Registrar accordingly.
(3) Where a dispute is notified to the Registrar under this section, he
shall inform the President accordingly.
(4) Section 25 does not apply in relation to disputes in relation to which
this Division applies.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88DC
Powers of Commission
SECT
88DC. (1) Subject to this Division, where -
(a) the Commission is notified pursuant to sub-section 88DB (1) of the
making of an application to the Federal Court of Australia for an injunction
restraining a person from engaging in conduct referred to in that sub-section,
being conduct in relation to which there is a dispute in relation to which
this Division applies;
(b) a Minister notifies the President or the Registrar pursuant to
sub-section 88DB (2) of the existence of a dispute in relation to which this
Division applies; or
(c) the President otherwise becomes aware of the existence of a dispute in
relation to which this Division applies,
the Commission is empowered to settle that dispute by conciliation.
(2) The Australian Conciliation and Arbitration Commission is not empowered
to settle a dispute by conciliation under sub-section (1) where the dispute
relates to a contravention, or a threatened, impending or probable
contravention, of section 45D or 45E of the Trade Practices Act 1974 in
respect of which a proceeding is pending before the Federal Court of
Australia, being a Proceeding to which the Minister administering Part IV of
that Act or the Trade Practices Commission is a party, unless that Minister or
the Trade Practices Commission, as the case may be, notifies the Australian
Conciliation and Arbitration Commission that he or it consents to the
Australian Conciliation and Arbitration Commission exercising powers under
sub-section (1) in relation to that dispute.
(3) Where the Commission is empowered under sub-section (1) to settle by
conciliation a dispute in relation to which this Division applies, the
Commission shall not exercise any powers under any other Division in relation
to that dispute or any part of that dispute except powers under Division 1 as
that Division applies by virtue of section 88DF.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88DD
Exercise of powers
SECT
88DD. (1) Where the Commission is empowered to settle by conciliation a
particular dispute in relation to which this Division applies, the President
shall refer the dispute for conciliation by himself or by another Presidential
Member of the Commission.
(2) A reference in this Division and in Division 1 as that Division applies
by virtue of section 88DF, to the relevant Presidential Member, in relation to
a dispute in relation to which this Division applies, is a reference -
(a) if the powers of the Commission in respect of that dispute are being
exercised by the President - to the President; or
(b) in any other case - to the Presidential Member to whom the dispute has
been referred under sub-section (1).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88DE
Parties
SECT
88DE. (1) The parties to a proceeding before the Commission or a member of
the Commission in relation to a dispute in relation to which this Division
applies are -
(a) any organization of employees in connexion with the employment of any of
whose members the dispute has arisen;
(b) employers of such employees;
(c) organizations of which any such employers are members;
(d) if the dispute relates to conduct in relation to the supply of goods or
services to, or the acquisition of goods or services from, a person (in this
Division referred to as an "affected person") and that person is not already a
party - that person;
(e) any Minister who notifies the Commission that he wishes to become a
party; and
(f) such other persons as the Commission, by order, specifies.
(2) Nothing in sub-section (1) affects the operation of section 36 or limits
the power of the Commission to grant leave to a person or organization to
intervene in any dispute before the Commission or a member of the Commission
under this Division.
(3) The Registrar shall give notice of a proceeding before the Commission or
a member of the Commission in relation to a dispute in relation to which this
Division applies to such persons as the relevant Presidential Member directs,
and, in any event, to every person who is an affected person in relation to
the proceeding and every other person who is a party to the proceeding by
virtue of paragraph (1) (e) or (f).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88DF
Application of Division 1
SECT
88DF. (1) Subject to this Division, Division 1 (other than the provisions of
that Division that relate to arbitration or to the making of awards or the
certifying of agreements) extends to and in relation to the powers and
functions of the Commission under this Division and to and in relation to
proceedings before the Commission or a member of the Commission in relation to
a dispute in relation to which this Division applies.
(2) In the application of Division 1 in accordance with sub-section (1) -
(a) references to industrial disputes shall be read as references to
disputes in relation to which this Division applies; and
(b) references to the parties to an industrial dispute shall be read as
references to the parties to a proceeding before the Commission or a member of
the Commission in relation to a dispute in relation to which this Division
applies.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88DG
Trade Practices Act not affected
SECT
88DG. Nothing in this Division affects the operation of the Trade Practices
Act 1974.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88DH
Interpretation
SECT
88DH. Expressions used in this Division that are used in the Trade Practices
Act 1974 have in this Division, unless the contrary intention appears, the
same respective meanings as those expressions have in that Act.
CONCILIATION AND ARBITRATION ACT 1904 - DIVISION 6
Division 6 - References by, and Appeals from, the Registrar
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88E
References by Registrar
SECT
88E. (1) The Registrar may refer a matter, or a question (other than a
question of law) arising in connection with a matter, before him to the
Commission for decision.
(2) The Commission is empowered to hear and determine a matter or question
so referred to it or may refer the matter or question back to the Registrar
for decision, with or without such directions or suggestions as the Commission
thinks fit.
(3) The powers of the Commission under this section in respect of a matter
or question referred to the Commission are exercisable by the Commission
constituted by the President or by a presidential member of the Commission
assigned by the President for the purpose of the reference or, in a case in
which the President so directs, by a Full Bench.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88F
Appeals from Registrar
SECT
88F. (1) The Commission may grant leave to appeal to the Commission from an
act or decision of the Registrar in relation to a matter and may hear and
determine an appeal in respect of which leave is so granted.
(2) Where leave to appeal has been granted under this section, the
Commission may, on such terms and conditions as it thinks fit, make an order
that the operation of the act or decision of the Registrar be stayed pending
the determination of the appeal or until further order of the Commission.
(3) The Commission may take further evidence for the purposes of an appeal
under this section.
(4) Upon the determination of an appeal under this section by the
Commission, the Commission shall make such order as it thinks fit and may
confirm, quash or vary a decision of the Registrar appealed from.
(5) The powers of the Commission under this section in respect of an appeal
to the Commission are exercisable by the Commission constituted by the
President or by a presidential member of the Commission assigned by the
President for the purpose of the appeal or, in a case in which the President
so directs, by a Full Bench.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88G
Interpretation
SECT
88G. In this Division, "matter" does not include the settling by the
Registrar of the minutes of an order or judgment of the Court or a Judge or
the taxation by the Registrar of the costs of proceedings before the Court or
a Judge.
CONCILIATION AND ARBITRATION ACT 1904 - PART IIIA
PART IIIA - THE FLIGHT CREW OFFICERS INDUSTRIAL
TRIBUNAL
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88H
Interpretation
SECT
88H. In this part, unless the contrary intention appears -
"declared body" means a body in respect of which a declaration under section
88Z is in force;
"dispute" includes -
(a) a threatened, impending or probable dispute;
(b) a part of a dispute;
(c) a dispute so far as it relates to a matter in dispute; or
(d) a question arising in relation to a dispute;
"employer" means a person (including an authority of the Commonwealth)
carrying on a business in the course of which the person employs flight crew
officers, not being a business the principal place of control of which is
outside Australia;
"employment" means employment by an employer;
"flight crew officer" means a person who performs (whether with or without
other duties) duties as a pilot, navigator or flight engineer of aircraft, and
includes a person being trained for the performance of such duties;
"inter-State industrial dispute" means a dispute as to industrial matters
that extends beyond the limits of any one State, but does not include such a
dispute in so far as it is within the powers of the Tribunal under paragraph
88U (1) (b);
"industrial matters" means all matters pertaining to the remuneration or
other terms or conditions of service or employment of, or affecting or
relating to work done or to be done by, flight crew officers employed or to be
employed by employers;
"industrial question" means a dispute or question as to industrial matters,
including an inter-State industrial dispute;
"pilot" includes a pilot in command, co-pilot or pilot of any other
description;
"the Tribunal" means The Flight Crew Officers Industrial Tribunal
established by this Part.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88J
Establishment of Tribunal
SECT
88J. For the purposes of this Part, there shall be a tribunal to be known as
"The Flight Crew Officers Industrial Tribunal", which shall be constituted by
a person appointed by the Governor-General.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88K
Tenure of office
SECT
88K. (1) The person constituting the Tribunal holds office for such period,
not exceeding 5 years, as is specified in the instrument of his appointment,
but is eligible for a re-appointment.
(2) The person constituting the Tribunal shall perform the functions of his
office from time to time, as occasion requires.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88L
Remuneration and allowances
SECT
88L. The person constituting the Tribunal shall be paid -
(a) such remuneration, whether by way of fees or otherwise, as is
prescribed; and
(b) such allowances in respect of expenses as are prescribed.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88M
Leave of absence
SECT
88M. The Minister may grant leave of absence to the person constituting the
Tribunal on such conditions, including conditions as to remuneration, as the
Minister thinks fit.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88N
Oath or affirmation to office
SECT
88N. The person constituting the Tribunal shall, before proceeding to
discharge the duties of his office, take, before a Judge of the Court, an oath
or affirmation in accordance with the form in the Schedule.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88P
Protection of Tribunal
SECT
88P. The person constituting the Tribunal has, in the performance of his
functions and duties, the same protection and immunity as a Judge of the
Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88Q
Suspension, removal and vacation of office of person constituting Tribunal
SECT
88Q. (1) The provisions of section 14 apply in relation to the suspension
and removal from office of the person constituting the Tribunal in like manner
as they apply in relation to a Commissioner.
(2) The provisions of section 15 apply in relation to the office of the
person constituting the Tribunal in like manner as they apply in relation to
the office of a Commissioner, but as if paragraphs (a) and (d) were not
included in that section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88R
Appointment of person to constitute Tribunal for particular matter
SECT
88R. (1) In relation to a particular industrial question, the Minister may,
where -
(a) the person constituting the Tribunal is not available to deal with that
industrial question;
(b) there is a vacancy in the office of that person; or
(c) the person constituting the Tribunal has requested the Minister to make
an appointment under this section in the interests of the expeditious
discharge of the business of the Tribunal,
appoint a person to perform the functions of the Tribunal in relation to that
industrial question, and the person so appointed shall be deemed to constitute
the Tribunal in relation to that industrial question.
(2) Sub-section 88K (3), and sections 88L, 88M, 88N and 88P, apply in
relation to a person appointed under this section in like manner as they apply
in relation to a person appointed under section 88J to constitute the
Tribunal.
(3) Anything done by the Tribunal as constituted by a person appointed under
this section, or by a person so appointed in his capacity as a person so
appointed, shall not be challenged or called in question on the ground that -
(a) the occasion for the appointment had not arisen or had ceased; or
(b) the thing done related or extended to an industrial question other than
that in relation to which the person was appointed.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88S
Member of Commission may hold office under this Part
SECT
88S. Notwithstanding anything contained in this Act, a person may hold
office at the one time as a member of the Commission and as a person appointed
under section 88J or 88R, and, if a person so holds office -
(a) the holding by him of office under this Part, or his absence from duty
as a member of the Commission for the purpose of performing duties under this
Part, does not affect his office as a member of the Commission; and
(b) sections 88L and 88M do not apply in relation to him.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88T
Powers of the Commission excluded
SECT
88T. (1) Subject to this section, the powers and functions of the
Commission, other than the powers of the Commission under sections 45, 45A, 62
and 66, are not applicable in respect of industrial questions within the
meaning of this Part.
(5) The operation of an award of the Commission, or of a memorandum of
agreement certified by the Commission, that is in force immediately before the
date of commencement of this Part, or of an award of the Commission made on or
after that date in accordance with this section, is subject to any award of
the Tribunal or memorandum of agreement certified under this Part.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88U
Powers of Tribunal
SECT
88U. (1) The Tribunal is empowered -
(a) to make all such suggestions and do all such things as appear to it to
be right and proper to encourage and assist the prevention or settlement by
amicable agreement of industrial questions to which the powers of the Tribunal
under paragraphs (b) and (c) extend;
(b) to consider and determine industrial questions in so far as the
industrial matters concerned relate to one or more of the following:
(i) employment of flight crew officers by the Australian National
Airlines Commission;
(ii) employment of flight crew officers by Quantas Airways Limited;
(iii) trade and commerce with other countries or among the States,
trade and commerce between a State and a Territory or trade and commerce in a
Territory; and
(c) to prevent or settle, by conciliation or arbitration, inter-State
industrial disputes.
(2) For the purposes of sub-section (1) but without limiting the operation
of that sub-section, an industrial matter shall be deemed to relate to trade
and commerce referred to in paragraph (1) (b) in so far as the matter relates
to employment of persons in or for, or for training in or for, the performance
of duties as flight crew officers in relation to aircraft engaged in, or the
performance of duties that include duties as flight crew officers in relation
to aircraft engaged in, any such trade and commerce.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88V
Application of other provisions of Act
SECT
88V. (1) Subject to this Part, Division 1 of Part III applies to and in
relation to industrial questions to the extent to which they are within the
powers of the Tribunal, and to and in relation to awards of the Tribunal as
if, in that Division -
(a) references to industrial disputes were references to such industrial
questions;
(b) references to the Commission or to a member of the Commission, however
described, except in sections 45, 45A, 62, 66 and 68, were references to the
Tribunal;
(d) in relation to such an industrial question other than an inter-State
industrial dispute -
(i) references to the parties to an industrial dispute were
references to the parties to proceedings before the Tribunal in relation to
the industrial question, and included, in section 28, all the persons and
organizations directly concerned in the industrial question;
(ii) references to preventing an industrial dispute were references
to preventing the industrial question from arising;
(iii) references to settling an industrial dispute or determining an
industrial dispute were references to determining, or otherwise settling, the
industrial question; and
(iv) references to the hearing of an industrial dispute were
references to the consideration of the industrial question;
(e) references to awards were references to awards of the Tribunal; and
(f) the reference in section 66 to proceedings under Part III were a
reference to proceedings under this Part.
(2) Sub-section (1) does not apply in relation to the following provisions
contained in Division 1 of Part III namely, sections 18 to 23 (inclusive) and
sections 31, 32, 34 to 38 (inclusive), 41A, 44A, 49, 61, 63, 64, 67, 69 and
70.
(2A) The President may from time to time assign a Commissioner for the
purposes of this Part and, where a Commissioner is so assigned -
(a) that Commissioner may, subject to any directions of the person
constituting the Tribunal in accordance with section 88J, exercise the powers
of the Tribunal in respect of any industrial question; and
(b) the Commissioner shall, in and in relation to the exercise of those
powers and matters arising out of the exercise of those powers, be deemed to
constitute the Tribunal.
(2B) The President may assign a Commissioner, other than a Commissioner
assigned under sub-section (2A), for the purposes of a particular industrial
question and where a Commissioner is so assigned -
(a) that Commissioner may exercise the powers of the Tribunal in respect of
that industrial question; and
(b) that Commissioner shall, in and in relation to the exercise of those
powers and matters arising out of the exercise of those powers, be deemed to
constitute the Tribunal.
(3) References to awards in provisions of this Act other than Division 1 of
Part III shall be read as including references to awards of the Tribunal.
(4) References to the Commission in the following sections, namely, sections
107, 182, 183, 184, 186, 187, 193 and 198 shall be read as including
references to the Tribunal.
(5) Section 33 has effect in relation to awards of the Tribunal as if the
words "but not including powers that are exercisable only by a Full Bench" in
sub-section (3) were omitted.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88W
Initiation of proceedings
SECT
88W. Subject to this Part, the Tribunal may exercise any of its powers -
(a) of its own motion;
(b) on the application of a person who, or an organization which, is a party
to, or directly concerned in, an industrial question; or
(c) on the application of the Minister.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88X
Parties
SECT
88X. The Tribunal may, by order, specify the parties to proceedings before
the Tribunal and may give leave to other persons to intervene in the
proceedings.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88Y
Representation of persons having a common interest
SECT
88Y. (1) Where -
(a) in relation to proceedings before the Tribunal in respect of an
industrial question it appears to the Tribunal that there are numerous flight
crew officers who -
(i) are affected by the industrial question;
(ii) are not members of an organization that is a party to the
proceedings and can conveniently represent their interests in the proceedings;
and
(iii) have a like or common interest in the proceedings; and
(b) the Tribunal, after taking into account arrangements that have existed,
whether in relation to the industrial question or not, for the representation
of, or the forwarding of the interests of, those flight crew officers and
after consulting or hearing such persons as it thinks necessary, is of opinion
that -
(i) it is necessary or desirable, in order to enable the proceedings to
be dealt with expeditiously, to make an order under this section; and
(ii) the order will allow a proper representation of, and protection
of the interests of, those flight crew officers,
the Tribunal may make an order appointing a specified person or specified
persons (who may be or include one or more of those flight crew officers) to
be a party or parties to the proceedings representing those flight crew
officers in the proceedings and, unless otherwise ordered by the Tribunal, a
flight crew officer so represented is not a party to the proceedings.
(2) The Tribunal shall cause the publication or notification of the order in
a manner that is, in its opinion, reasonably sufficient to bring it to the
notice of the flight crew officers concerned.
(3) A flight crew officer who is or would be represented in accordance with
an order made, or proposed to be made, under this section may, subject to any
direction of the Tribunal, apply to the Tribunal to be a party to the
proceedings and to be excluded from the operation of the order and, if the
Tribunal is satisfied that the interests of that flight crew officer will not
otherwise be adequately represented, the Tribunal shall order accordingly,
subject to such conditions, if any, as the Tribunal determines, being
conditions that, in the opinion of the Tribunal -
(a) are necessary in the interests of the expeditious hearing of the
proceedings; and
(b) will not prejudice the proper and adequate presentation of matters
relevant to the proceedings.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88Z
Declared bodies
SECT
88Z. (1) Where, in the opinion of the Minister, an association or other
body, whether corporate or not, not being an organization, exists or is
carried on for the purpose, or for purposes that include the purpose, of
furthering the interests, in relation to industrial matters, of flight crew
officers who are members of the body, the Minister may, by notice published in
the Gazette, declare the body to be a body to which this section applies.
(2) The following sections, namely sections 33, 88W, 88ZA, 88ZB, 88ZE, 109,
110, 111, 117A, 119, 132B, 132C, 132D, 132E, 132F, 132G, 132H, 132J, 138 and
188, have effect as if a declared body were an organization.
(3) A declared body, whether incorporated or not, is capable of being a
party to proceedings before the Tribunal.
(4) For the purpose of enforcing an order of the Court under this Act
against a declared body, process may be issued and executed against any
property of the declared body, or in which the declared body has, or any
members of the declared body have in their capacity as such members, a
beneficial interest, whether vested in trustees or howsoever otherwise held,
as if the declared body were an incorporated company and the absolute owner of
the property or interest.
(5) Sub-section (4) applies in relation to an order of the Court against a
person in respect of anything done or omitted in his capacity as an officer
of, or person acting on behalf of, a declared body as if the order were an
order against the declared body.
(6) A reference in either of sub-sections (4) and (5) to property, interests
in property, members or officers of, or persons acting on behalf of, a
declared body shall be read as including a reference to property, interests in
property, members or officers of, or persons acting on behalf of, a branch or
part of the declared body.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZA
Conciliation Committees
SECT
88ZA. (1) Where an organization or a person directly concerned in an
industrial question requests the Tribunal to appoint a Conciliation Committee
in relation to the industrial question and it appears to the Tribunal that the
appointment of such a committee is practicable and is reasonably likely to
lead to a settlement of the industrial question, in whole or in part, the
Tribunal may, in respect of the industrial question, appoint a Conciliation
Committee consisting of -
(a) the Commissioner assigned by the President for the purposes of this
Part, or another Commissioner made available for the purpose by the President,
as Chairman;
(b) such number of persons as the Tribunal determines, being persons
nominated by all or any employers concerned in the industrial question to be
their representatives; and
(c) persons, equal in number to the persons appointed upon nomination in
accordance with paragraph (b), nominated by all or any of the flight crew
officers concerned in the industrial question to be their representatives.
(2) For the purposes of this section, persons nominated by an organization
of which any flight crew officers concerned in the industrial question are
members, to be the representatives of those flight crew officers shall be
deemed to have been so nominated by those flight crew officers, and shall be
deemed also to represent the organization.
(3) The purpose of a Conciliation Committee is to endeavour, by discussion
and negotiation, to formulate terms for a settlement of the industrial
question.
(4) If the members of a Conciliation Committee, other than the Chairman,
agree unanimously on terms for a settlement of the industrial question or a
part of the industrial question, a memorandum of the agreement shall be made
in writing and certified under the hand of the Chairman to be a true
memorandum of terms agreed on in accordance with this sub-section.
(5) The Chairman shall not refuse to certify a memorandum unless he is of
opinion that -
(a) the terms of settlement contain provisions which the Tribunal has no
power to include in an award; or
(b) it is not in the public interest that the memorandum should be
certified.
(5A) Where the Chairman proposes to certify a memorandum under sub-section
(4), the Chairman shall, before certifying the memorandum, consult with the
person constituting the Tribunal.
(6) A memorandum certified under this section has the same effect as, and
shall be deemed to be, an award of the Tribunal binding on the persons and
organizations who or which were represented by members of the Committee, the
members from time to time of those organizations and any successor to, or any
assignee or transmittee of, the business of such a person.
(7) The certificate of the Chairman in respect of a memorandum under this
section shall specify, either individually or by references to classes, the
persons who, and the organizations which, were represented by members of the
Committee, and such a certificate is evidence that those persons and
organizations were so represented and that the agreement was arrived at, and
the memorandum made, in accordance with this section.
(8) Where the Chairman is satisfied that further proceedings of the
Committee are not likely to produce an agreement in accordance with this
section within a reasonable time, he may terminate the proceedings of the
Committee, and in that event the Tribunal may, having regard to the matters
appearing from the proceedings of the Committee and after any further
proceedings before the Tribunal that the Tribunal thinks necessary, make an
award in relation to the industrial question.
(9) Nothing in this section excludes the operation of section 28, as applied
by this Part.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZB
On whom awards binding
SECT
88ZB. (1) An award of the Tribunal is binding on -
(a) the organizations, persons, and persons included in classes of persons,
specified by the Tribunal in the award, or to which or to whom the Tribunal
declares the award to extend by a declaration made after the making of the
award;
(b) all members of organizations bound by the award; and
(c) where an employer is bound by the award - any successor to, or any
assignee or transmittee of, the business of the employer, including a
corporation that has acquired or taken over the business of the employer.
(2) An award shall not be expressed to bind, or be declared to extend to, an
organization or person, or persons included in a class of persons, other than
-
(a) an organization which, or a person who, appeared or was represented as a
party to the proceedings in which the award or the declaration was made, or
was represented by such a party in accordance with an order under section
88Y;
(b) an organization which, or a person who, was required, by notice given
either personally or as directed by the Tribunal, to appear or be represented
in proceedings referred to in paragraph (a), whether the organization or
person appeared or not; or
(c) an organization, person, or persons included in a class of persons as to
which or to whom the Tribunal is satisfied that the interests of that
organization and of its members, the interests of that person, or the
interests of persons included in that class of persons, as the case may be, in
relation to the award, are substantially the same as those of an organization
or person referred to in paragraph (a) or (b).
(3) Subject to sub-section (2), a class of persons specified in an award or
declaration in accordance with sub-section (1) may be so specified as to
include the persons who, from time to time, come within a specified
description.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZC
Relationship to other laws of the Commonwealth
SECT
88ZC. (1) Subject to this section, the Tribunal or the person constituting
the Tribunal, or the Commission when exercising powers under this Part, shall
not make an award, or certify a memorandum of an agreement, that is
inconsistent with a law of the Commonwealth, or any instrument made or issued
under such a law, and nothing contained in, or done under, this Part restricts
the power conferred by a law of the Commonwealth to make or issue any
instrument or the operation of an instrument made or issued under such a
power.
(2) This section applies in relation to the Air Navigation Regulations in
their operation by virtue of the law of a State in like manner as it applies
in relation to those regulations in their operation as a law of the
Commonwealth.
(3) An award of the Tribunal, or a memorandum of agreement certified by
virtue of this Part, has effect notwithstanding section 17 of the Australian
National Airlines Act 1945 or the prescribed provisions of any other Act,
being provisions relating to the terms and conditions of employment of persons
employed by an authority of the Commonwealth.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZD
Application of Division in relation to certain disputes extending
beyond one State
SECT
88ZD. Notwithstanding anything contained in this Part, the Tribunal or the
person constituting the Tribunal -
(a) shall not, in relation to an interstate industrial dispute, do any act
or thing otherwise than by way of, or for the purposes of, conciliation or
arbitration for the prevention or settlement of the dispute; and
(b) may -
(i) adopt, or direct the adoption of, such procedures; and
(ii) make such orders with respect to the operation of any award,
or of any memorandum having the force of an award,
as are necessary to ensure the observance of paragraph (a).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZE
Representation
SECT
88ZE. (1) In proceedings before the Tribunal, a party or intervener -
(a) being an organization, may be represented by a member, officer or
employee of the organization; or
(b) not being an organization, may be represented -
(i) by an employee of that party or intervener;
(ii) by a member, officer or employee of an organization of which
that party or intervener is a member; or
(iii) in such other manner as the Tribunal allows,
but, subject to sub-section (2), a party or intervener shall not be
represented by counsel, solicitor or paid agent except by leave of the
Tribunal and with the consent of all parties.
(2) Where the Minister is a party to or has intervened in proceedings before
the Tribunal, he may be represented by counsel or solicitor or by an officer
of the Australian Public Service authorized by the Minister to represent him
and, if the Minister is so represented, a party or another intervener may,
with the leave of the Tribunal, also be represented by counsel, solicitor or
paid agent.
(3) A reference in this section to the Tribunal shall be read as including a
reference to the Commission when exercising powers under this Part.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZF
Reference of industrial questions to Full Bench of Commission
SECT
88ZF. (1) In this section, unless the contrary intention appears,
"Commission" means a Full Bench of the Commission.
(2) Where proceedings in relation to an industrial question or alleged
industrial question are before the Tribunal, a party to the proceedings or the
Minister may apply to the Tribunal -
(a) in the case of proceedings referred to in sub-section 24 (1) - to have
the proceedings dealt with as provided by this section on the ground that the
subject matter of the proceedings is of such importance that, in the public
interest, the proceedings should be so dealt with; or
(b) in the case of proceedings to encourage and assist the prevention or
settlement of the industrial question by amicable agreement or proceedings by
way of arbitration - to have the industrial question or a part of the
industrial question dealt with as provided by this section on the ground that
the industrial question or that part of the industrial question, as the case
may be, is of such importance that, in the public interest, it should be so
dealt with.
(3) An application under paragraph (2) (a) may be accompanied by an
application requesting that, if the first-mentioned application is granted and
the Commission finds that there is an industrial question, the industrial
question or a part of the industrial question be dealt with as provided by
this section on the ground that the industrial question or that part of the
industrial question, as the case may be, is of such importance that, in the
public interest, it should be so dealt with.
(4) Where an application is made to the Tribunal under sub-section (2) or
(3), the Tribunal shall refer the application to the President, and the
President shall confer with the person constituting the Tribunal for the
purposes of the industrial question on the question whether the application
should be granted.
(5) If the President, having regard to the reasons for the application, is
of the opinion that -
(a) in the case of an application under paragraph (2) (a) - the subject
matter of the proceedings is of such importance that, in the public interest,
the proceedings should be dealt with as provided by this section; or
(b) in the case of an application under paragraph (2) (b) or under
sub-section (3) - the industrial question or the part of the industrial
question, as the case may be, is of such importance that, in the public
interest, it should be dealt with as provided by this section. he shall grant
the application and direct accordingly.
(6) Where the President gives a direction in pursuance of an application
under paragraph (2) (a) -
(a) the Commission shall determine whether there is an industrial question
and, if it determines that there is an industrial question, make and record
findings in accordance with section 24; and
(b) if the application was accompanied by an application under sub-section
(3) and the last-mentioned application was granted, the Commission shall,
subject to sub-section (6B), hear and determine the industrial question or the
part of the industrial question, as the case may be.
(6A) Where the President gives a direction in pursuance of an application
under paragraph (2) (b), the Commission shall, subject to sub-section (6B),
hear and determine the industrial question or the part of the industrial
question and, in the hearing, may have regard to any evidence given and any
arguments adduced in arbitration proceedings in relation to the industrial
question or the part of the industrial question before the Commission
commenced the hearing.
(6B) Where the President has given a direction in pursuance of an
application made under paragraph (2) (b) or under sub-section (3) in respect
of an industrial question, the Commission may refer a part of the industrial
question to the Tribunal and, in that case, the Tribunal shall hear and
determine that part of the industrial question and the Commission shall hear
and determine the industrial question other than that part of the industrial
question.
(7) The Commission may, for the purposes of this section, direct the
Tribunal to furnish a report with respect to a specified matter and the
Tribunal shall, after making such investigation (if any) as is necessary,
furnish a report accordingly.
(8) At any time before the Commission has been constituted under this
section for the purpose of hearing and determining an industrial question or a
part of an industrial question with respect to which the President has given a
direction under this section, the President may, if, after taking account of
any views expressed by the parties, he considers that it is desirable so to do
for the purpose of facilitating the hearing and determination of the
industrial question or the part of the industrial question by the Commission,
authorize the Tribunal to take evidence for the purposes of that hearing and
determination, and the Commission shall have regard to the evidence so taken
in hearing and determining the industrial question or the part of the
industrial question.
(9) For the purposes of this section, a reference, a direction or
authorization made or given by the Commission to a person who constitutes, or
may constitute, the Tribunal shall be deemed to be a reference, direction, or
authorization to the Tribunal and that person shall constitute the Tribunal
for the purposes of the reference, direction or authorization.
(10) A reference in sub-section 36 (1) or 39 (2) to section 34 shall be read
as including a reference to this section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZG
Appeals
SECT
88ZG. (1) In this section, unless the contrary intention appears -
"award" does not include an agreement certified under section 28, as applied
by section 88V, or under section 88ZA;
"Commission" means a Full Bench of the Commission;
"organization" includes a declared body.
(2) An appeal lies to the Commission against -
(a) an award made by the Tribunal, otherwise than under section 28 as
applied by section 88V, a decision of the Tribunal not to make an award or a
decision of the Tribunal by way of a finding as to the existence of, or the
parties to, an inter-state industrial dispute;
(b) a decision of the Tribunal refusing to certify a memorandum under
section 28 as applied by section 88V or a decision of the Chairman of a
Conciliation Committee refusing to certify a memorandum under section 88ZA;
or
(c) a decision of the Tribunal in a matter arising under paragraph 41 (1)
(d) as applied by section 88V.
(3) An appeal does not lie under sub-section (2) unless, in the opinion of
the Commission, the matter is of such importance that, in the public interest,
an appeal should lie.
(4) An appeal under sub-section (2) -
(a) shall be made within 21 days after the date of the award or decision
appealed against; and
(b) may be made -
(i) in the case of an appeal under paragraph (2) (a) - by an
organization or person bound by the award or aggrieved by the decision;
(ii) in the case of an appeal under paragraph (2) (b) - by a party
to the agreement the subject of the memorandum; or
(iii) in the case of an appeal under paragraph (2) (c) - by an
organization or person aggrieved by the decision.
(5) Where an appeal has been instituted under this section, the Commission
may, on such terms and conditions as it thinks fit, make an order that the
operation of the whole or a part of the award or decision be stayed pending
the determination of the appeal or until further order of the Commission.
(6) In the hearing of an appeal under this section, the Commission -
(a) may admit further evidence; and
(b) may direct the Tribunal to furnish a report to the Commission with
respect to a specified matter,
and may, subject to this section, do one or more of the following:
(c) confirm, quash or vary the award or decision under appeal;
(d) make an award or decision dealing with the subject-matter of the award
or decision under appeal;
(e) direct the Tribunal to take further action in the proceedings in
relation to which the appeal arose in accordance with the directions of the
Commission.
(7) Where, in pursuance of paragraph (6) (b), the Commission directs the
Tribunal to furnish a report, the Tribunal shall, after making such
investigation, (if any) as is necessary, furnish a report accordingly.
(8) For the purposes of this section, a direction given by the Commission to
a particular person who constitutes, or may constitute, the Tribunal shall be
deemed to be a direction to the Tribunal and that person shall constitute the
Tribunal for the purposes of the direction.
(9) The provisions of Division 1 of Part III relating to the hearing and
determination, or the hearing or determination, of an industrial dispute
extend to the hearing and determination, or the hearing or determination, as
the case may be, of an appeal under this section.
(10) A reference in sub-section 36 (1) or 39 (2) to section 35 shall be read
as including a reference to this section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZGA
Review on application by Minister
SECT
88ZGA. (1) In this section, unless the contrary intention appears, "the
Commission" means a Full Bench of the Commission.
(2) The Minister may apply to the Commission for a review of -
(a) an award made by the Tribunal, including an award made under section 28
as applied by this Part; or
(b) a decision of the Tribunal to certify a memorandum under section 28 as
applied by this Part, or a decision of the Chairman of a Conciliation
Committee to certify a memorandum under section 88ZA,
where it appears to the Minister that the award or decision is contrary to the
public interest.
(3) An application under sub-section (2) shall be made within 21 days after
the date of the award or decision to which it relates and shall state the
reasons for which the Minister seeks the review.
(4) Where an application is made under sub-section (2), the Commission shall
make such review of the award or decision as appears to it to be desirable
having regard to the matters referred to in the application.
(5) The provisions of sub-sections 88ZG (3), (5), (6), (7), (8) and (9)
apply to and in relation to a review under this section in like manner as they
apply to and in relation to an appeal under that section.
(6) The reference in sub-section 39 (2) to section 36A shall be read as
including a reference to this section.
(7) In a review under this section -
(a) the parties to the proceedings in which the award or decision was made
are parties to the proceedings on the review and are entitled to notice of the
hearing accordingly; and
(b) the Minister is a party to the proceedings.
(8) Nothing in this section affects any right of appeal or any power of the
Commission under section 88ZG, and an appeal under that section and a review
under this section may, if the Commission thinks fit, be dealt with together.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 88ZH
Effect of awards of Commission
SECT
88ZH. For the purposes of this Act, other than sections 88ZG and 88ZGA, an
award made by the Commission under section 88ZF or 88ZG shall be deemed to be
an award of the Tribunal.
CONCILIATION AND ARBITRATION ACT 1904 - PART V
PART V - THE AUSTRALIAN INDUSTRIAL COURT
CONCILIATION AND ARBITRATION ACT 1904 - SECT 98
Constitution of Court
SECT
98. There shall be a federal court to be known as the Australian Industrial
Court, which -
(a) shall consist of a Chief Judge and not more than 11 other Judges; and
(b) shall be a Superior Court of Record.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 99
Appointment of Judges
SECT
99. (1) The Chief Judge and each other Judge -
(a) shall be appointed by the Governor-General by commission; and
(b) shall not be removed except by the Governor-General, on an address from
both Houses of the Parliament in the same session, praying for his removal on
the ground of proved misbehaviour or incapacity.
(2) For the purposes of this Act, a Judge shall have seniority according to
the date of his commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 100
Qualifications of Judges
SECT
100. A person shall not be appointed as a Judge unless he is or has been a
barrister or solicitor of the High Court or of the Supreme Court of a State or
Territory of not less than 5 years' standing.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 101
Absence, &c., of Chief Judge
SECT
101. During the absence on leave of the Chief Judge, or during a vacancy in
the office of Chief Judge, the next senior Judge who is not absent on leave
and is willing to act shall act as Chief Judge and shall have and may exercise
all the powers and functions of the Chief Judge.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 102
Salaries and travelling expenses
SECT
102. (1) The Chief Judge and the other Judges shall receive salary and
annual allowances at such respective rates as are fixed by the Parliament and
the Consolidated Revenue Fund is appropriated accordingly.
(2) The salaries and annual allowances of the Chief Judge and of the other
Judges grow due from day to day but are payable monthly.
(3) The Chief Judge and each other Judge shall be paid such travelling
expenses as are prescribed.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 103
Oath or affirmation of office
SECT
103. A Judge shall, before proceeding to discharge the duties of his office,
take before a Justice of the High Court or a Judge of the Supreme Court of a
State an oath or affirmation in accordance with the form in the Schedule.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 103A
Appointment of Judge to other judicial office
SECT
103A. (1) If a Judge accepts appointment -
(a) to a judicial office in any part of Her Majesty's dominions outside the
Commonwealth and the Territories, in pursuance of an arrangement made by the
Governor-General with the person administering the government of that part of
Her Majesty's dominions; or
(b) to a judicial office in a Territory,
the acceptance of that appointment does not affect his office as a Judge of
the Court.
(2) A Judge who accepts such an appointment shall be remunerated only with
the salary and annual allowance that he receives as a Judge of the Court, but
may be paid in respect of his expenses in travelling to discharge the duties
of the office to which he has accepted appointment such sums, if any, as the
Governor-General considers reasonable.
(3) For the purposes of section 101, where a Judge is absent from the
Commonwealth by virtue of his acceptance of an appointment referred to in
sub-section (1) of this section, he shall be deemed to be absent on leave.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 103B
Effect of appointment of Judge as President or Deputy President of Trade
Practices Tribunal
SECT
103B. (1) Where a Judge has during any period, whether before or after the
commencement of this section, served as the President, or as a Deputy
President, of the Trade Practices Tribunal, then, for the purposes of this Act
or of any other Act, the Judge shall not be taken, by reason of his having so
served, not to have been serving during that period as a Judge.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 104
Exercise of Court's jurisdiction
SECT
104. (1) Subject to this Act, the jurisdiction of the Court shall be
exercised by not less than 3 Judges.
(2) The jurisdiction of the Court may be exercised by a single Judge with
respect to -
(a) proceedings for an offence against section 5 and the making of orders
under sub-section 5 (5);
(aa) proceedings for an offence against section 46;
(b) the interpretation of an award;
(c) the power referred to in paragraph 109 (1) (d);
(d) proceedings under section 123;
(e) inquiries referred to in section 158P and matters arising out of those
inquiries;
(ea) inquiries referred to in section 161 and matters arising out of those
inquiries;
(f) a question or dispute arising under section 144;
(g) the powers of the Court under section 149 or 150;
(ga) the review of the taxation of any costs or expenses; or
(h) a prescribed matter of practice or procedure.
(3) The Court constituted by one or more Judges may sit and exercise the
jurisdiction of the Court, whether under this Act or otherwise,
notwithstanding that the Court constituted by one or more Judges is at the
same time sitting and exercising the jurisdiction of the Court, whether under
this Act or otherwise.
(4) Where the members of the Court are divided in opinion on a question, the
question shall be decided according to the decision of the majority, if there
is a majority, but, if the members of the Court are equally divided in
opinion, the question shall be decided according to the opinion of the Chief
Judge, or, if the Chief Judge is not a member of the Court or there is vacancy
in the office of Chief Judge, according to the opinion of the senior Judge
present.
(5) Where -
(a) the hearing of a matter has been commenced before the Court constituted
by 3 or more Judges; and
(b) before the hearing and determination of the matter have been completed,
one or more of those Judges has or have become unable to continue to take part
in the hearing and determination of the matter by reason of illness or death
or otherwise,
the hearing and determination of the matter may be completed by the Court
constituted by the remaining Judges if they are not less than 3 in number, or
if, where they are 2 in number, the parties agree to their completing the
hearing and determination of the matter.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 105
Reference to Full Court
SECT
105. (1) A single Judge exercising the jurisdiction of the Court may, if he
thinks fit, refer a question of law arising in a matter before him for the
opinion of the Court constituted by not less than 3 Judges.
(2) The Court so constituted shall hear and determine the question so
referred to it.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 106
Intervention
SECT
106. (1) The Attorney-General may, on behalf of the Commonwealth, by giving
to the Registrar of the Federal Court of Australia notice in writing of his
intention so to do, intervene in the public interest in a matter before the
Court.
(2) Sub-section (1) shall not be construed as limiting the power of the
Court to grant leave to a person or organization to intervene in any matter
before the Court, but that power shall not be exercised except in a case where
the Court is of the opinion that it is desirable that a person or organization
should be heard.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 107
Reference by Commission of questions of law to the Court
SECT
107. (1) The Commission may refer a question of law arising in a matter
before the Commission for the opinion of the Court.
(2) The Court shall hear and determine any question referred to it under
sub-section (1).
(3) Notwithstanding the reference of a question to the Court under this
section (not being a question whether the Commission may exercise powers under
this Act in relation to a matter), the Commission may make an award in the
matter in which the question arose.
(4) Upon the determination by the Court of a question referred to it under
this section -
(a) if the Commission has not made an award in the matter in which the
question arose, the Commission may make an award not inconsistent with the
opinion of the Court; or
(b) if the Commission has made an award in the matter in which the question
arose, the Commission shall vary that award in such a way as will make it
consistent with the opinion of the Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 108
Validity of State orders and awards
SECT
108. (1) A person interested may apply to the Court for a declaration that a
State law dealing with an industrial matter, or an order, award, decision or
determination of a State Industrial Authority, is invalid under section 65.
(2) The applicant shall give 14 days' notice of the application to the
Attorney-General of the State concerned, who shall have the right to appear
upon the application.
(3) The Court shall hear and determine the application and make such
declaration as it thinks just.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 109
Powers of Court
SECT
109. (1) The Court is empowered -
(b) to enjoin an organization or person from committing or continuing a
contravention of this Act or the regulations; and
(d) subject to section 144, to determine a question as to the eligibility of
a person to become or remain a member of an organization.
(2) The Minister may, on behalf of the Commonwealth and in the public
interest, apply to the Court for an order under paragraph (1) (b), but this
sub-section does not prejudice any right that any other person has to apply
for such an order.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 110
Interpretation of awards
SECT
110. (1) The Court is empowered, subject to this section, to give an
interpretation of an award.
(2) An application for the interpretation of an award may be made by the
Minister or an organization or person bound by the award.
(3) The decision of the Court upon the application is final and conclusive
and is binding on all organizations and persons bound by the award which or
who have been given an opportunity of being heard by the Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 111
Contempt of the Court
SECT
111. (1) The Court has the same power to punish contempts of its power and
authority as is possessed by the High Court in respect of contempts of the
High Court.
(2) The jurisdiction of the Court to punish a contempt of the Court
committed in the face or hearing of the Court, when constituted by a single
Judge, may be exercised by that Judge.
(3) The Court has power to punish, as a contempt of the Court, an act or
omission although a penalty is provided in respect of that act or omission
under some other provision of this Act or under some other Act.
(4) The maximum penalty which the Court is empowered to impose in respect of
a contempt of the Court consisting of a failure to comply with an order of the
Court made under paragraph 109 (1) (b) is -
(a) where the contempt was committed by an organization (not consisting of a
single employer) - $1,000;
(b) where the contempt was committed by an employer, or the holder of an
office in an organization, being an office specified in paragraph (a), (aa) or
(b) of the definition of "Office" in section 4 - $400 or imprisonment for 12
months; or
(c) in any other case - $100.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 112
References by the Registrar of questions of law to the Court
SECT
112. (1) The Registrar may refer a question of law arising in a matter
before him for the opinion of the Court.
(2) The Court shall hear and determine any question referred to it under
sub-section (1).
(3) Upon the determination by the Court of a question referred to it under
this section, the Registrar shall not give a decision, or do any other act or
thing, in the matter in which the question arose that is inconsistent with the
opinion of the Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 113
Appeals
SECT
113. (1) The Court has jurisdiction to hear and determine an appeal from a
judgment, decree, order or sentence of a State court (not being a Supreme
Court) or of a court of a Territory made, given or pronounced in a matter
arising under -
(a) this Act; or
(b) the Public Service Arbitration Act 1920.
(2) It is not necessary to obtain the leave either of the Court or of the
court appealed from in respect of an appeal under sub-section (1).
(3) An appeal does not lie to the High Court from a judgment, decree, order
or sentence from which an appeal may be brought to the Court under sub-section
(1).
(4) This jurisdiction of the Court under sub-section (1) is exclusive to the
jurisdiction of a State court or court of a Territory to hear and determine an
appeal from a judgment, decree, order or sentence from which an appeal may be
brought to the court under that sub-section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 114
Limitations on appeals to High Court
SECT
114. (1) An appeal does not lie to the High Court from a judgment, decree,
order or sentence of the Court under section 107, 109, 110, 111 or 112, or
under Part VIII or IX.
(2) An appeal does not lie to the High Court from any other judgment,
decree, order or sentence of the Court unless the High Court grants leave to
appeal.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 115
Powers on appeal
SECT
115. Upon the hearing of an appeal under this Part, the Court may -
(a) affirm, reverse or modify the judgment, decree, order or sentence
appealed from;
(b) give such judgment, or make such order, as in all the circumstances it
thinks fit, or refuse to make an order; and
(c) grant a new trial.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 116
Costs
SECT
116. Subject to section 197A and to the regulations, the Court may make such
orders as it thinks just as to the costs and expenses (including the expenses
of witnesses) of proceedings before the Court, including proceedings dismissed
for want of jurisdiction.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 117
Enforcement of judgments and orders
SECT
117. Judgments and orders of the Court may be enforced as prescribed.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 117A
Representation of parties
SECT
117A. (1) In proceedings before the Court under this Act, a party -
(a) may appear personally; or
(b) may be represented by counsel or solicitor or as provided by
sub-sections (2) and (3).
(2) Subject to sub-section (3), and except in proceedings under section 113
or in proceedings in respect of an offence against this Act, a party -
(a) being an organization, may be represented by a member, officer or
employee of the organization; or
(b) not being an organization, may be represented by -
(i) an employee of that party; or
(ii) a member, officer or employee of an organization of which
that party is a member.
(3) In proceedings before the Court under Part V (other than section 113), a
party shall not be represented as provided by sub-section (2) except with the
leave of the Court.
(4) In this section, "party" includes an intervener.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 118
Practice and procedure
SECT
118. Subject to this Act, the practice and procedure of the Court shall be
as prescribed.
CONCILIATION AND ARBITRATION ACT 1904 - PART VA
PART VA - TRANSFER OF CERTAIN JURISDICTION OF
AUSTRALIAN INDUSTRIAL COURT TO FEDERAL COURT OF
AUSTRALIA
CONCILIATION AND ARBITRATION ACT 1904 - SECT 118A
Transfer of jurisdiction
SECT
118A. (1) On and after the date of commencement of this Part -
(a) the jurisdiction and powers expressed by this Act to be vested in or
exercisable by the Court or a Judge of the Court are, except in relation to
matters in respect of which the hearing of proceedings in the Australian
Industrial Court had commenced or been completed before that date, vested in
and exercisable by the Federal Court of Australia or a judge of that Court
and, subject to this section, are exercisable in accordance with the Federal
Court of Australia Act 1976; and
(b) a reference in this Act to the Court (other than in sections 104, 105,
sub-sections 111 (1) and (2) and sections 114, 115, 116, 117, 118 and 184)
shall, in relation to, and to matters arising out of, that jurisdiction or
those powers as so vested or exercisable, be read as references to the Federal
Court of Australia in its Industrial Division.
(2) The Industrial Registrar may, on or after the date of commencement of
this Part, refer a matter to the Federal Court of Australia in pursuance of an
application under section 159 for an inquiry by the Australian Industrial
Court made before that date.
(3) Where, immediately before the date of commencement of this Part,
proceedings in a matter arising under this Act were pending in the Australian
Industrial Court but the hearing of the proceedings had not commenced -
(a) the proceedings are, by force of this Act, transferred to the Federal
Court of Australia on the date of commencement of this Part;
(b) the Federal Court of Australia may hear and determine the proceedings;
(c) all documents filed of record in the Australian Industrial Court in the
proceedings shall be transmitted to the Registrar of the Federal Court of
Australia; and
(d) any moneys lodged with the Australian Industrial Court in relation to
the proceedings shall be transferred to the Federal Court of Australia and
dealt with as if they had been lodged with that Court;
(e) all things done in and in relation to the proceedings in the Australian
Industrial Court shall be deemed to have been done in and in relation to the
proceedings in the Federal Court of Australia.
(4) The Federal Court of Australia has the same powers (including powers in
respect of contempt of court and enforcing of orders) in respect of an order
of the Australian Industrial Court made under this Act, whether before or
after the commencement of this Part, as if it were an order of the Federal
Court of Australia.
(4A) Subject to sub-section (4B), the original jurisdiction of the Federal
Court of Australia under this Act (including, subject to sub-section (4C), its
jurisdiction to punish contempts of its power and authority in relation to
that jurisdiction) shall be exercised in the Industrial Division by a single
Judge.
(4B) The original jurisdiction of the Federal Court of Australia under
section 107, 108, 112 or 143, and the appellate jurisdiction of that Court
under section 113, shall be exercised in the Industrial Division by a Full
Court.
(4C) Nothing in this section affects the operation of section 31 of the
Federal Court of Australia Act 1976 in relation to contempt of the Federal
Court of Australia committed in the face or hearing of the Court.
(5) In this section, a reference to this Act shall be read as including a
reference to this Act as amended after the commencement of this Part.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 118B
Limitation on appeals
SECT
118B. (1) Notwithstanding anything contained in the Federal Court of
Australia Act 1976 -
(a) an appeal does not lie to a Full Court of the Federal Court of Australia
from a judgment or order of that Court, constituted by a single Judge, in
proceedings under section 158P or under Part IX; and
(b) subject to sub-section (2), an appeal lies to the High Court from a
judgment, order or sentence under this Act of a Full Court of the Federal
Court of Australia if the High Court grants leave to appeal, but not
otherwise.
(2) No appeal lies to the High Court from a judgment, order or sentence of a
Full Court of the Federal Court of Australia -
(a) in a matter arising under section 107, 109, 110, 112 or 158P or under
Part VIII, VIIIAA or IX (including a prosecution for an offence against Part
VIII, VIIIAA or IX or against relations made for the purposes of section 158P
or Part VIIIAA); or
(b) in respect of a contempt of that Court in relation to proceedings under
this Act.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 118C
Reference of proceedings to Full Court
SECT
118C. (1) A single Judge of the Federal Court of Australia exercising
jurisdiction in any proceedings under this Act -
(a) may, at any stage of the proceedings and either on the application of a
party or his own motion; and
(b) shall, upon application by the Minister at any stage of the proceedings,
order that the proceedings be heard and determined by a Full Court.
(2) Where such an order is made, a Full Court of the Federal Court of
Australia has jurisdiction to hear and determine the proceedings and may have
regard to any evidence given, or arguments adduced, in the proceedings before
the single Judge.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 118D
Prosecutions for offences
SECT
118D. For the purposes of this Part, the proceedings in a prosecution before
the Court for an offence against this Act or the regulations shall be deemed
to be proceedings under section 191 and not to be proceedings under any other
provision of this Act.
CONCILIATION AND ARBITRATION ACT 1904 - PART VI
PART VI - THE ENFORCEMENT OF ORDERS AND AWARDS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 119
Imposition and recovery of penalties
SECT
119. (1) Where any organization or person bound by an order or award has
committed a breach or non-observance of a term of the order or award, a
penalty may be imposed by the Court or, except in the case of a breach or
non-observance of a term of an order or award of the kind referred to in
sub-section 33 (1), by any District, County or Local Court or Court of summary
jurisdiction that is constituted by a Judge, by a Police, Stipendiary or
Special Magistrate or by an Industrial Magistrate appointed under any State
Act who is also a Police, Stipendiary or Special Magistrate.
(1A) Subject to sub-sections (1B) and (1C), where a Court finds that 2 or
more breaches by the same organization or person of a term of an order or
award have been committed and those breaches appear to that Court to have
arisen out of a course of conduct by that organization or person, those
breaches shall, for the purposes of this section, be treated as constituting a
single breach of that term.
(1B) A breach by an organization or person of a team of an order or award
committed after a Court has imposed a penalty in respect of an earlier breach
by that organization or person of that term shall not be taken to have arisen
out of the same course of conduct as the earlier breach.
(1C) Sub-section (1A) does not apply in relation to separate breaches of a
term of an order or award that are to be deemed to have been committed by
virtue of a provision included in an order or award in accordance with
paragraph 41 (1) (c).
(1D) The maximum penalty that may be imposed under sub-section (1) in
respect of a breach of a term of an order or award is -
(a) where the penalty is imposed by the Court -
(i) in a case to which sub-paragraph (ii) does not apply - $1,000;
or
(ii) if the breach is a separate breach by virtue of a provision
included in an order or award in accordance with paragraph 41 (1) (c) - $500;
or
(b) in any other case - $250.
(2) Any such penalty may be sued for and recovered by -
(a) the Registrar; or
(aa) an Inspector; or
(b) any organization which is affected, or whose members or any of them are
affected, by the breach; or
(c) any member of any organization who is affected by the breach; or
(d) any party to the award or order; or
(e) any officer of any organization which is affected, or any of whose
members are affected, by the breach, who is authorized under the rules of the
organization to sue on behalf of the organization.
(3) Where, in any proceedings against an employer before a Court specified
in sub-section (1), it appears to the Court than an employee of that employer
has not been paid an amount to which he is entitled under an order or award,
that Court may order that the employer shall pay to the employee the amount of
the underpayment but no order shall be made in respect of so much of the
underpayment as relates to any period more than 6 years prior to the
commencement of the proceedings.
(4) Proceedings under this section in respect of a breach of a term of an
order or award may be commenced at any time within 6 years after the
commission of the breach.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 120
Application of penalties
SECT
120. Where any Court imposes a penalty in pursuance of section 119, or in
pursuance of section 122, it may order that the penalty, or any part thereof,
be paid into the Consolidated Revenue Fund, or to such organization or person
as is specified in the order.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 121
Enforcement of penalties imposed by the Court
SECT
121. Where a Court has imposed a penalty for an offence against this Act or
the regulations or for a breach or non-observance of any term of an order or
award, has, in pursuance of sub-section 119 (3), ordered the payment of an
amount, or has ordered the payment of any costs or expenses, a certificate
under the hand of the Registrar, specifying the amount payable and by and to
whom respectively it is payable, may be filed in any Federal or State Court
having civil jurisdiction to the extent of that amount, and shall thereupon be
enforceable in all respects as a final judgment of that Court:
Provided that where there are 2 or more creditors under any such
certificate, process may be issued separately by each creditor for the
enforcement of the certificate as if there were separate and distinct
judgments.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 122
Enforcement of award
SECT
122. No person shall wilfully make default in compliance with any order or
award.
Penalty: $40.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 123
Recovery of wages, &c.
SECT
123. An employee entitled to the benefit of an award may, at any time within
6 years from any payment becoming due to him under the award, but not later,
sue for the amount of the payment in the Court, or in any other court of
competent jurisdiction.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 124
Unclaimed moneys
SECT
124. (1) Where -
(a) an employee has left the employment of an employer without having been
paid an amount to which he is entitled under an order or award; and
(b) the employer is unable to make payment of that amount because the
whereabouts of the employee are unknown to him,
the employer may pay that amount to the Commonwealth.
(2) The Commonwealth shall hold an amount paid to it under sub-section (1)
in trust for the employee.
(3) Payment of an amount to the Commonwealth under sub-section (1) is a
sufficient discharge to the employer, as against the employee, for the amount
paid.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 125
Inspectors
SECT
125. (1) There shall be such Inspectors as are required for the purpose of
securing the observance of this Act and the regulations and of awards.
(2) The Minister, or a person authorized by him in writing for the purposes
of this sub-section, may appoint a person, being a person appointed or
employed under the Public Service Act 1922, to be an Inspector for the
purposes of this Act.
(3) Arrangements may be made in accordance with section 78 of the Public
Service Act 1922 for officers of the Public Service of a State to exercise the
powers and perform the duties of Inspectors under this section.
(4) An Inspector has such powers and duties in relation to the observance of
this Act and the regulations and of awards as are contained in directions
published under sub-section (5).
(5) The Minister may, by notice published in the Gazette, give directions
specifying -
(a) the powers and duties of Inspectors in relation to the observance of
this Act and the regulations and of awards; and
(b) the manner in which, and any conditions or qualifications subject to
which, powers conferred, and duties imposed, on Inspectors by this Act are to
be exercised or performed.
(6) For the purpose of ascertaining whether awards and the requirements of
this Act or the regulations are being, or have been, observed, an Inspector
may, at any time during ordinary working hours or at any other time at which
it is reasonably necessary to do so for that purpose -
(a) enter, without force -
(i) a building or place (including a vessel, aircraft or vehicle) in or
on which he has reasonable cause to believe that work to which an award is or
was applicable is being, or has been, performed; or
(ii) a place of business of any person in which he has reasonable
cause to believe that there are books or documents relevant to that purpose;
and
(b) in a building or place referred to in paragraph (a) -
(i) inspect any work, or any material, machinery, appliance,
article or facility;
(ii) in accordance with regulations made for the purposes of this
sub-paragraph, take samples of any goods or substance;
(iii) interview any employee; or
(iv) require a person having the custody of, or access to, a book or
document relevant to that purpose (whether kept in that building or place or
elsewhere) to produce it in that building or place for his inspection in
accordance with the requirement, and inspect, and take extracts from, the book
or document when so produced.
(7) If a person required under sub-paragraph (6) (b) (iv) to produce a book
or document refuses to do so, or fails to do so within a reasonable time, an
Inspector may -
(a) by notice in writing served on the person personally or by post, require
the person to produce the book or document at such place, and within such time
(not being less than 14 days) as are specified in the notice; and
(b) inspect, and take extracts from, the book or document when so produced.
(8) Where a book or document is produced to an Inspector in pursuance of a
notice under sub-section (7), the Inspector may retain the book or document
for such period as is necessary for the purposes of exercising his powers, or
performing his duties, under this section, and during that period he shall
permit the person otherwise entitled to possession of the book or document, or
a person authorized by that person, to inspect, and make copies of or take
extracts from, the book or document at all reasonable times.
(9) If an Inspector proposing to enter, or being in or on, a building or
other place is required by the occupier or person in charge of the building or
other place to produce evidence of his authority to that occupier or person,
the Inspector is not entitled to enter or remain in or on that building or
other place unless he produces to that occupier or other person a document
signed by the Secretary to the Department, or by a person authorized by the
Secretary in writing for the purposes of this sub-section, certifying that he
is an Inspector for the purposes of this Act.
(10) A person who -
(a) hinders or obstructs an Inspector in the exercise of his powers or the
performance of his duties;
(b) refuses or fails, without reasonable excuse, to comply with a
requirement made by an Inspector in accordance with sub-paragraph (6) (b) (iv)
or paragraph (7) (a); or
(c) makes to an Inspector, in the course of the exercise of his powers or
the performance of his duties, a statement, whether orally or in writing,
which to his knowledge is false or misleading in any particular,
is guilty of an offence.
Penalty: $500 or imprisonment for 6 months.
(11) The Secretary to the Department shall, as soon as practicable after 30
June in each year, prepare and furnish to the Minister a report on the
operation of this section during the year that ended on that date.
(12) The Minister shall cause a copy of a report furnished to him under
sub-section (11) to be laid before each House of the Parliament within 15
sitting days of that House after the day on which he receives the report.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 126
Directions that proceedings be instituted
SECT
126. The Registrar or an Inspector shall, whenever so directed by a member
of the Commission, institute proceedings for an offence against this Act or
for the recovery of a penalty under section 119 other than a penalty for a
breach of a term of an order or award in relation to which section 33 applies.
CONCILIATION AND ARBITRATION ACT 1904 - PART VII
PART VII - REGISTRIES AND REGISTRARS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 127
Power to establish Registries and appoint Registrars
SECT
127. The Governor-General may -
(a) establish a Principal Registry for the registration of organizations;
(b) establish District Registries for the registration of organizations;
(c) appoint an Industrial Registrar and such Deputy Industrial Registrars as
are necessary from time to time.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 127A
Acting Industrial Registrar or Deputy Industrial Registrar
SECT
127A. (1) The Minister may appoint a person to act as Industrial Registrar
or as a Deputy Industrial Registrar -
(a) during a vacancy in the office of Industrial Registrar or an office of
Deputy Industrial Registrar, as the case may be; or
(b) during any period, or during all periods, when the Industrial Registrar
or a Deputy Industrial Registrar, as the case may be, is absent from duty or
from Australia or is, for any other reason, unable to perform the functions of
his office,
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(2) An appointment of a person under sub-section (1) may be expressed to
have effect only in such circumstances as are specified in the instrument of
appointment.
(3) The Minister may at any time terminate an appointment under this
section.
(4) Where a person is acting as Industrial Registrar or as a Deputy
Industrial Registrar in accordance with paragraph (1) (b) and the office of
Industrial Registrar or of that Deputy Industrial Registrar, as the case may
be, becomes vacant while that person is so acting, then, subject to
sub-section (2), that person may continue so to act until the Minister
otherwise directs, the vacancy is filled or a period of 12 months from the
date on which the vacancy occurred expires, whichever first happens.
(5) The appointment of a person to act as Industrial Registrar or as a
Deputy Industrial Registrar ceases to have effect if he resigns his
appointment by writing signed by him and delivered to the Minister.
(6) While a person is acting as Industrial Registrar or as a Deputy
Industrial Registrar, he has and may exercise all the powers, and shall
perform all the functions, of the Industrial Registrar or of a Deputy
Industrial Registrar, as the case may be, under this Act or any other law.
(7) The validity of anything done by or in relation to a person purporting
to act under sub-section (1) shall not be called in question on the ground
that the occasion for his appointment had not arisen, that there is a defect
or irregularity in or in connection with his appointment, that the appointment
had ceased to have effect or that the occasion for him to act had not arisen
or had ceased.
(8) A reference in this section to the Minister shall be construed as
including a reference to a person authorized in writing by the Minister to act
on behalf of the Minister for the purposes of this section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 128
Situation of Registries
SECT
128. (1) On and after the date to be fixed by proclamation, the Principal
Registry shall be situated at the Seat of Government, but until the date so
fixed, the Principal Registry shall be situated at such place as the Minister
from time to time directs.
(2) Each District Registry situated in a State shall be situated in the
capital city of the State.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 129
Charge of Registries
SECT
129. The Principal Registry shall be under the charge of the Industrial
Registrar, and each District Registry shall, subject to the general control of
the Industrial Registrar, be under the charge of a Deputy Industrial
Registrar.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 130
Duties of Registrar
SECT
130. Subject to this Act and the regulations, the duties of the Industrial
Registrar and the Deputy Industrial Registrars shall be as the Chief Judge and
the President jointly direct.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 131
Registers of organizations
SECT
131. (1) The Industrial Registrar shall keep, at the Principal Registry, a
register of all organizations registered under this Act.
(2) A Deputy Industrial Registrar who has charge of a Registry shall keep at
that Registry a register of all organizations registered under this Act at
that Registry.
CONCILIATION AND ARBITRATION ACT 1904 - PART VIII
PART VIII - REGISTERED ORGANIZATIONS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132
Registration of organizations
SECT
132. (1) Any of the following associations or persons may, on compliance
with the prescribed conditions, be registered in the manner prescribed as an
organization:
(a) any association the members of which include employers in or in
connection with any industry who have, in the aggregate, throughout the 6
months next preceding the application for registration, employed on an average
taken per month not less than 100 employees in that industry and the other
members, if any, of which are -
(i) officers of the association;
(ii) persons, other than employees, who carry on a business in or in
connection with that industry; or
(iii) persons who, when admitted to membership, were employers
in or in connection with that industry, and who have not resigned and whose
membership has not been terminated,
but does not include an association that has members referred to in
sub-paragraph (ii) or (iii) unless the association is effectively
representative of the members who are employers in or in connection with that
industry;
(aa) any employer who has, throughout the 6 months next preceding the
application for registration, employed on an average taken per month not less
than 100 employees in that industry;
(b) any association the members of which include not less than one hundred
employees in or in connection with any industry and the other members, if any,
of which are -
(i) officers of the association; or
(ii) persons who are employees who are qualified to be employed in
or in connection with that industry,
but does not include an association that has members referred to in
sub-paragraph (ii) unless the association is effectively representative of the
members who are employees in or in connection with that industry; and
(c) any association the members of which include not less than one hundred
employees engaged in an industrial pursuit or pursuits and the other members,
if any, of which are -
(i) officers of the association; or
(ii) persons who are employees who are qualified to be engaged as
employees in that industrial pursuit or in one of those industrial pursuits,
but does not include an association which has members referred to in
sub-paragraph (ii) unless the association is effectively representative of the
members who are employees engaged in that industrial pursuit or those
industrial pursuits.
(2) The conditions to be complied with by associations so applying for
registration and by organizations shall be as prescribed.
(2A) A rule of an association or organization dealing with matters so
prescribed or dealing with matters required by this Act to be complied with as
conditions for registration may be mandatory or directory.
(3) Upon registration, the association shall become and be an organization.
(4) In sub-paragraphs (1) (b) (ii) and (c) (ii), "employee" means any
employee in any industry, and includes -
(a) any person whose usual occupation is that of employee in any industry;
and
(b) any person employed in an industry, or engaged in an industrial pursuit,
in the State of New South Wales, Queensland, South Australia or Western
Australia who -
(i) in the case of a person so employed or engaged in New South
Wales - is, or is able to become, a member of an industrial union of employees
within the meaning of the Industrial Arbitration Act 1940 of that State or
that Act as amended from time to time;
(ii) in the case of a person so employed or engaged in
Queensland - is an employee for the purposes of the Industrial Conciliation
and Arbitration Act 1961-1976 of that State or that Act as amended from time
to time;
(iii) in the case of a person so employed or engaged in South
Australia - is an employee for the purposes of the Industrial Conciliation and
Arbitration Act, 1972-1975 of that State or that Act as amended from time to
time; or
(iv) in the case of a person so employed or engaged in Western
Australia - is an employee for the purposes of the Industrial Arbitration Act,
1979 of that State or that Act as amended from time to time.
(5) Where -
(a) immediately before the date of commencement of the amendments of this
section made by the Conciliation and Arbitration Amendment Act (No. 3) 1977, a
person was a member of an organization, being an association referred to in
paragraph (1) (b) or (c) of this section as in force immediately before that
date; and
(b) on and after that date, the person was not a person referred to in
paragraph (1) (b) or (c) of this section as in force on and after that date,
but purported to continue to be a member of the organization, then -
(c) the amendments shall be deemed -
(i) not to have applied in relation to the person at any time before
the date of commencement of this sub-section; and
(ii) if the person still purported to be a member of the organization
immediately before the date of commencement of this sub-section - not to apply
in relation to the person on and after that date until the person ceases to be
a member of the organization; and
(d) anything done or purported to be done at any time by or in relation to
the person or the organization shall be deemed for all purposes to have been,
and to be, valid accordingly.
(6) Where, immediately before the commencement of Division 1A of Part III,
an association of less than 100 employees in an industry in the Public
Service, within the meaning of the Public Service Arbitration Act 1920 was an
organization registered under this Act, the registration of the organization
shall not be cancelled by reason of the operation of paragraph (1) (b) unless
the number of the members of the organization falls below 60% of the number of
persons who are employees in that industry by virtue of sub-section 4 (7).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132A
Offences in relation to independent contractors, &c.
SECT
132A. (1) An organization -
(a) shall not advise, encourage or incite a person (whether an employer or
not) to take discriminatory action against an eligible person by reason of the
circumstance that the eligible person is not a member of the organization;
(b) shall not take, or threaten to take, industrial action against an
employer with the intent to coerce the employer to take discriminatory action
against an eligible person by reason of the circumstance that the eligible
person is not a member of the organization; or
(c) shall not take, or threaten to take, industrial action against an
eligible person being an employer, with the intent to coerce him to join the
organization.
(2) A contravention of sub-section (1) is an offence against that
sub-section punishable, upon conviction, by -
(a) where the action constituting the offence has continued for more than a
day - a penalty not exceeding a fine of $400 for each day during which that
action has continued; or
(b) in any other case - a penalty not exceeding a fine of $400.
(3) In any proceedings for an offence against sub-section (1), if all the
relevant facts and circumstances, other than the reason or intent of an action
alleged in the charge, are proved, it lies upon the person charged to prove
that that action was not actuated by that reason or taken with that intent.
(4) For the purpose of this section, an action taken by -
(a) the committee of management of an organization;
(b) the committee of management of a branch of an organization;
(c) an officer, employee or agent of an organization;
(d) a group of members of an organization; or
(e) a member of an organization who performs the function of dealing with an
employer on behalf of himself and other members of the organization,
shall be deemed to have been taken by the organization.
(5) In this section -
"discriminatory action", in relation to an eligible person, means -
(a) to refuse to make use of, or to refuse to agree to make use of,
any service offered by the eligible person; or
(b) to refuse to supply, or to refuse to agree to supply, goods or
services to the eligible person;
"eligible person" means a person who -
(a) is engaged in activities in an industry, otherwise than as an
employee; and
(b) by reason of being so engaged, is, or would, if he were an
employee, be, eligible to join an organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132B
Certain persons disqualified from holding office in organizations
SECT
132B. (1) A person who has, whether before or after the commencement of this
section, been convicted of a prescribed offence is not eligible to become, or
to continue to be, a candidate for election, or to be elected or appointed, to
an office within any organization unless -
(a) on an application made under section 132C or 132D in relation to the
conviction of the person of that prescribed offence -
(i) the person was granted leave to become, or to continue to be, a
candidate for election, or to be appointed, to an office within an
organization or to continue to hold an office within an organization; or
(ii) the person was refused leave to become, or to continue to be, a
candidate for election, or to be appointed, to an office within an
organization or to continue to hold an office within an organization but,
pursuant to paragraph 132C (2) (b) or 132D (2) (b), the Court specified a
period for the purposes of this sub-section, and a period of the same duration
as the specified period has elapsed since the person was convicted of the
prescribed offence or, if the person served a term of imprisonment in respect
of the prescribed offence, since he was released from prison; or
(b) in any other case - a period of 5 years has elapsed since the person was
convicted of the prescribed offence or, if the person served a term of
imprisonment in respect of the prescribed offence, since he was released from
prison.
(2) Where a person who holds an office within an organization is convicted
of a prescribed offence, then, unless within the period of 28 days after he is
so convicted he makes an application to the Court under section 132C or 132D,
the person ceases to hold that office at the expiration of that period of 28
days.
(3) If a person who holds an office within an organization makes an
application to the Court under section 132C or 132D and the application is not
determined -
(a) except in a case to which paragraph (b) applies - within the period of 3
months after the date of the application; or
(b) if the Court, on application by the person, has extended that period -
within that period as so extended,
the person ceases to hold that office at the expiration of that period of 3
months or of that period as so extended, as the case may be.
(4) The Court shall not, under paragraph (3) (b), extend a period for the
purposes of sub-section (3) unless -
(a) the application for the extension is made before the expiration of the
period of 3 months referred to in paragraph (3) (a); or
(b) if the Court has previously extended the period under paragraph (3) (b)
- the application for the further extension is made before the expiration of
the period as so extended,
as the case may be.
(5) The organization, a member of the organization or the Registrar may
apply to the Court for a declaration whether, by reason of the operation of
this section or of section 132C or 132D -
(a) a person is not, or was not, eligible to become, or to continue to be, a
candidate for election, or to be elected or appointed, to an office within an
organization; or
(b) a person has ceased to hold an office within an organization.
(6) The granting to a person, on an application made under section 132C or
132D in relation to a conviction of the person of a prescribed offence, of
leave to become, or to continue to be, a candidate for election, or to be
appointed, to an office within an organization or to continue to hold an
office within an organization does not affect the operation of this section or
of section 132C or 132D in relation to any other conviction of the person of a
prescribed offence.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132C
Application for leave to be elected or appointed
SECT
132C. (1) A person who -
(a) desires to become, or to continue to be, a candidate for election, or to
be appointed, to an office within an organization; and
(b) has been, within the immediately preceding period of 5 years, convicted
of a prescribed offence, or released from prison after serving a term of
imprisonment in respect of his conviction of a prescribed offence,
may, subject to sub-section (4), apply to the Court for leave to become, or to
continue to be, a candidate for election, or to be appointed, as the case may
be, to that office.
(2) Where a person makes an application under sub-section (1) for leave to
become, or to continue to be, a candidate for election, or to be appointed, to
an office within an organization, the Court may -
(a) grant the person leave to become, or to continue to be, a candidate for
election, or to be appointed, as the case may be, to that office;
(b) refuse the person leave to become, or to continue to be, a candidate for
election, or to be appointed, as the case may be, to that office and specify,
for the purposes of sub-section 132B (1), a period of less than 5 years; or
(c) refuse the person leave to become, or to continue to be, a candidate for
election, or to be appointed, as the case may be, to that office.
(3) A person who -
(a) holds an office within an organization;
(b) was convicted of a prescribed offence after the commencement of this
section; and
(c) on an application made under sub-section (1) in relation to his
conviction of that prescribed offence, is, under paragraph (2) (b) or (c),
refused leave to become, or to continue to be, a candidate for election, or to
be appointed, to an office within an organization,
thereupon ceases to hold the office referred to in paragraph (a).
(4) A person is not entitled to make an application under this section in
relation to the conviction of the person of a prescribed offence if he has
previously made an application under this section or under section 132D in
relation to that conviction.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132D
Application for leave to continue to hold office
SECT
132D. (1) Where a person who holds an office within an organization is
convicted of a prescribed offence, he may, subject to sub-section (4), within
28 days after he is so convicted, apply to the Court for leave to continue to
hold that office.
(2) Where a person makes an application under sub-section (1) for leave to
continue to hold an office within an organization, the Court may -
(a) grant the person leave to continue to hold that office;
(b) refuse the person leave to continue to hold that office and specify, for
the purposes of sub-section 132B (1), a period of less than 5 years; or
(c) refuse the person leave to continue to hold that office.
(3) A person who, on an application made under sub-section (1), is, under
paragraph (2) (b) or (c), refused leave to continue to hold an office within
an organization thereupon ceases to hold that office.
(4) A person is not entitled to make an application under this section in
relation to the conviction of the person of a prescribed offence if he has
previously made an application under this section or under section 132C in
relation to that conviction.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132E
Court to have regard to certain matters
SECT
132E. For the purposes of exercising the power under section 132C or 132D to
grant or refuse leave to a person who has been convicted of a prescribed
offence to become, or to continue to be, a candidate for election, or to be
appointed, to an office within an organization or to continue to hold an
office within an organization, the Court shall have regard to -
(a) the nature of the prescribed offence;
(b) the circumstances of, and the nature of the person's involvement in, the
commission of the prescribed offence;
(c) the general character of the person;
(d) the fitness of the person to be involved in the management of
organizations, having regard to his conviction of the prescribed offence; and
(e) any other matter that, in the opinion of the Court, is relevant.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132F
Prescribed offences
SECT
132F. (1) In sections 132B, 132C, 132D and 132E, "prescribed offence" means
-
(a) an offence under a law of the Commonwealth, of a State, of a Territory
or of another country involving fraud or dishonesty punishable on conviction
by imprisonment for a period of not less than 3 months;
(b) an offence under section 46, 158M, 160, 166, 169, 169A, 170A or 171 or
an offence under regulation 146AS of the Conciliation and Arbitration
Regulations;
(c) any other offence in connection with the formation, registration or
management of an association or organization; or
(d) any other offence under a law of the Commonwealth, of a State, of a
Territory or of another country, being an offence involving the intentional
use of violence towards another person, the intentional causing of death or
injury to another person or the intentional damaging or destruction of
property.
(2) A reference in section 132B, 132C, 132D or 132E to a person being
convicted of a prescribed offence does not include a reference to a person
being convicted, otherwise than on indictment, of an offence referred to in
paragraph (1) (c).
(2A) A reference in section 132B, 132C, 132D or 132E to a person being
convicted of a prescribed offence does not include a reference to a person
being convicted of an offence referred to in paragraph (1) (d) unless the
person has served, or is serving, a sentence of imprisonment in respect of the
offence.
(3) A certificate purporting to be signed by the registrar or other proper
officer of a federal court, a court of a State or Territory or a court of
another country stating that a person was convicted by that court of a
specified offence on a specified date is, for the purposes of an application
made under section 132B, 132C or 132D, evidence that the person was convicted
of that offence on that date.
(4) A certificate purporting to be signed by the registrar or other proper
officer of a federal court, a court of a State or Territory or a court of
another country stating that a person was acquitted by that court of a
specified offence, or that a specified charge against that person was
dismissed by that court, is, for the purposes of an application made under
section 132B, 132C or 132D, evidence of the facts stated in the certificate.
(5) A certificate purporting to be signed by a prescribed authority stating
that a person was released from prison on a specified date is, for the
purposes of an application made under section 132B, 132C or 132D, evidence
that the person was released from prison on that date.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132G
Jurisdiction of Court
SECT
132G. (1) Subject to sub-sections (3) and (4), the Court has jurisdiction
with respect to matters arising under sections 132B, 132C and 132D and may,
notwithstanding anything in the rules of any organization in relation to which
a matter arises, make such order to give effect to a declaration made under
section 132B as it thinks appropriate.
(2) A person shall not contravene or fail to comply with an order made by
the Court under sub-section (1).
Penalty: $500.
(3) Where an application is made to the Court under sub-section 132B (5) -
(a) the person whose eligibility, or whose holding of office, is in question
or in dispute shall be given an opportunity of being heard by the Court; and
(b) if the application is made otherwise than by the organization concerned
- the organization concerned shall be given an opportunity of being heard by
the Court.
(4) Where an application is made to the Court under section 132C or 132D,
the organization concerned shall be given an opportunity of being heard by the
Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132H
Costs
SECT
132H. (1) Where, on an application made under sub-section 132B (5) by a
member of an organization, the Court finds that person is not, or was not,
eligible to become, or to continue to be, a candidate for election, or to be
elected or appointed, to an office within the organization, or that a person
has ceased to hold an office within the organization, the Attorney-General
may, if he considers the circumstances to justify him in doing, authorize
payment by the Commonwealth to the person who made the application of the
whole or a part of his costs and expenses (including expenses of witnesses).
(2) Where, on an application made under sub-section 132B (5) by a member of
an organization, the Court does not find that a person is not, or was not,
eligible to become, or to continue to be, a candidate for election, or to be
elected or appointed, to an office within the organization, or that a person
has ceased to hold an office within the organization, but certifies that the
person who made the application acted reasonably in so applying, the
Attorney-General may authorize payment by the Commonwealth to that person of
the whole or a part of his costs and expenses (including expenses of
witnesses).
(3) Where the Attorney-General is satisfied that, having regard to the
findings of the Court on an application made under sub-section 132B (5), it is
not just that a person (not being the person who made the application or an
organization) should be required to bear, or to bear in full, any costs or
expenses (including expenses of witnesses) incurred by him in connection with
the proceedings, the Attorney-General may authorize payment by the
Commonwealth of the whole or a part of those costs or expenses.
(4) Nothing in this section limits the power of the Court to make an order
as to the costs and expenses (including expenses of witnesses) of proceedings
before the Court under sub-section 132B (5).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 132J
Financial assistance to certain parties
SECT
132J. (1) Where -
(a) a person who has made an application to the Court under section 132C or
132D has paid, or become liable to pay, costs or expenses in connection with
the application; and
(b) on the application, the Court -
(i) granted the person leave under paragraph 132C (2) (a) or
132D (2) (a); or
(ii) refused the person leave under paragraph 132C (2) (b) or
132D (2) (b),
the person may apply to the Attorney-General for financial assistance by the
Commonwealth in respect of those costs or expenses.
(2) Where a person applies for financial assistance in accordance with
sub-section (1), the Attorney-General may, if he is satisfied that it would
involve hardship to that person to refuse the application and that, in all the
circumstances, it is reasonable that the application should be granted,
authorize payment by the Commonwealth to or on behalf of that person in
respect of the costs and expenses referred to in sub-section (1) of such
amount as he determines or of such amounts as he, from time to time,
determines.
(3) Nothing in this section authorizes a payment in respect of fees of more
than one counsel appearing for the person to whom assistance is granted unless
2 or more counsel appeared for any other person at the hearing of the
application.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 133
Rules to provide for elections, secret ballots and certain other matters
SECT
133. (1) In addition to the conditions referred to in sub-section 132 (2),
the conditions to be complied with by associations applying for registration
as organizations and by organizations include a condition that the rules of
the association or organization -
(a) shall provide for the election of the holder of each office within the
association or organization either by -
(i) a direct voting system; or
(ii) a collegiate electoral system being, in the case of a full-time
office, a one-tier collegiate electoral system;
(b) shall provide for the conduct of every such election (including the
acceptance or the rejection of nominations) by a returning officer, not being
the holder of any other office in, and not being an employee of, the
organization or of a branch, section or division of the organization;
(c) shall provide that, if the returning officer conducting such an election
finds a nomination to be defective he shall, before rejecting the nomination,
notify the person concerned of the defect and, where it is practicable to do
so, give him the opportunity of remedying the defect within such period as is
applicable under the rules, which shall, where practicable, be not less than 7
days after his being so notified;
(d) shall provide that every such election shall be by secret ballot, with
provision for -
(i) absent voting;
(ii) the manner in which persons may become candidates for
election;
(iii) the duties of returning officers;
(iv) the conduct of the ballot;
(v) the appointment, conduct and duties of scrutineers to represent
the candidates at the ballot; and
(vi) the declaration of the result of the ballot,
and shall be such as to ensure, as far as practicable, that no irregularities
can occur in connection with such an election;
(da) shall, in the case of an association applying for registration on or
after the commencement of this paragraph, provide that every election for< an
office within the association of a kind referred to in paragraph (a), (aa),
(b) or (c) of the definition of "office" in sub-section 4 (1) shall be by
postal ballot;
(db) shall not permit a person to be elected to hold an office within the
association or organization for a period exceeding 4 years without being
re-elected, except in accordance with provisions made in pursuance of
sub-section (4E);
(e) shall ensure that, subject to reasonable provisions with respect to
enrolment, every financial member of the association or organization has a
right to vote at any ballot taken for the purpose of submitting a matter to a
vote of the members of the association or organization, or of a branch,
section or other division of the association or organization in which he is
included; and
(f) shall not provide for the dismissal from office of a person elected to
an office within the association or organization unless he has been found
guilty, in accordance with the rules of the association or organization, of
misappropriation of the funds of the association or organization, a
substantial breach of the rules of the association or organization or gross
misbehaviour or gross neglect of duty or has ceased, according to the rules of
the association or organization, to be eligible to hold the office.
(2) Without prejudice to the operation of section 140, the rules of an
association applying for registration, or of an organization, relating to any
such election may provide for compulsory voting.
(3) An organization that became registered before the date of commencement
of this sub-section is allowed a period of 2 years after that date, or such
longer period as the Industrial Registrar determines, within which to bring
its rules into conformity with the requirements of paragraph (1) (a).
(4) If the rules of an organization to which sub-section (3) applies do not,
at the expiration of the period allowed by that sub-section, in the opinion of
the Industrial Registrar, conform, so far as they relate to an office referred
to in that sub-section, with the requirements of paragraph (1) (a), the
Industrial Registrar may, after inviting the organization to consult with him
on the matter, determine such alterations of the rules as will, in his
opinion, bring them, so far as they relate to that office, into conformity
with those requirements.
(4A) If, at the commencement of this sub-section, the rules of an
organization do not, in the opinion of the Industrial Registrar, comply with
the requirements of paragraph (1) (b), (c), (d), (e) or (f), the Industrial
Registrar may, after inviting the organization to consult with him on the
matter, determine such alterations of the rules as will, in his opinion, bring
them into conformity with those requirements.
(4C) An organization that was registered at the date of commencement of this
sub-section is allowed a period of 12 months after that date within which to
bring its rules into conformity with the requirements of paragraph (1) (db).
(4D) If the rules of an organization to which sub-section (4C) applies do
not, at the expiration of the period allowed by that sub-section, in the
opinion of the Industrial Registrar, conform with the requirements of
paragraph (1) (db), the Industrial Registrar may, after inviting the
organization to consult with him on the matter, determine such alterations of
the rules as will, in his opinion, bring them into conformity with those
requirements.
(4E) The rules of an association or organization may include provisions to
the effect that, where a person elected to a full-time office will attain the
retirement age within 12 months after the expiration of the period for which
he is elected, he may hold that office, without being re-elected, until he
retires.
(4F) Where the rules of an association or organization include provisions of
the kind referred to in sub-section (4E), the rules -
(a) shall include provisions to the effect that, where a candidate duly
nominated for election to a full-time office is a person who, if elected, will
hold that office in the circumstances mentioned in that sub-section, the
ballot papers for the election shall indicate the maximum period for which, if
elected, he may so hold office; and
(b) may include provisions to the effect that, where a person holding a
full-time office immediately before the commencement of this sub-section will
attain the retirement age within 12 months after the expiration of his current
period of office, he may hold that office, without being re-elected, until he
retires.
(5) The Industrial Registrar shall register the alterations determined by
him in accordance with sub-section (4), (4A) or (4D), and thereupon the rules
shall be deemed to be altered accordingly.
(6) A reference in this section to the rules of an association or
organization shall be read as including a reference to the rules of a branch
of the association or organization.
(7) In this section -
"full-time office" means an office the duties of which are of a full-time
nature;
"retirement age", in relation to a person, in relation to an office, means
the retirement age applicable to that person, in relation to that office,
under the rules of the association or organization concerned or, where the
rules provide for a minimum retirement age and a maximum retirement age, that
maximum retirement age.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 133AA
Elections to be by secret postal ballot
SECT
133AA.*3* and *4* (1) Every election by a direct voting system for an office
within an organization, being an office that is included in paragraph (a),
(aa), (b) or (c) of the definition of "office" in sub-section 4 (1), shall be
by secret postal ballot.
(2) The regulations may make provision for and in relation to the conduct of
an election in accordance with the requirements of this section in the case of
an election in respect of which the rules of the organization do not provide
for a secret postal ballot.
(3) Where the rules of an organization as in force at the commencement of
this section provide for an election or elections to which this section
applies to be by a secret ballot other than a postal ballot, the Industrial
Registrar may, upon application by the organization in accordance with the
regulations, by instrument under his hand, exempt the organization, in respect
of an election, from the application of this section if he is satisfied that
the conduct of the election in accordance with those rules -
(a) is likely to result in a fuller participation by members of the
organization in the ballot than would result from a postal ballot; and
(b) will afford to members entitled to vote an adequate opportunity of
voting without intimidation.
(4) Sub-section 88F (1) does not apply to a decision of the Registrar under
this section.
(5) This section, and the regulations made for the purposes of this section,
have effect notwithstanding anything contained in the rules of an
organization.
(6) This section does not apply to an election any step in which was taken,
in accordance with the rules of the organization, before the date of
commencement of this section.
*3*Sections 133AA and 171C are amended by sections 15 and 28 of the
Conciliation and Arbitration Amendment Act (No. 3) 1977. Sections 15 and 28
provide as follows:
"15. Section 133AA of the Principal Act is amended -
(a) by omitting sub-section (2) and substituting the following
sub-sections:
'(2) The regulations may prescribe rules for and in relation to the
conduct
of an election in accordance with the requirements of this section.
'(2A) Rules prescribed under sub-section (2) shall be deemed to form part
of the rules of each organization and any other rules of the organization that
are inconsistent with the rules so prescribed shall, to the extent of the
inconsistency, cease to have effect.
'(2B) The rules prescribed under sub-section (2) do not apply in relation
to an election a step in which was taken, in accordance with the rules of the
organization concerned, before the date of commencement of this sub-section.';
and
(b) by inserting after sub-section (4) the following sub-sections:
'(4A) Where, on an application under section 141 or 171C, the Court finds
that an election, or a step in an election, that was required by this section
to be conducted by secret postal ballot in accordance with rules prescribed
under sub-section (2) was not so conducted, the Court may, with respect to
that election, make such orders referred to in paragraphs (a) and (c) of
sub-section (3) of section 165 as it could have made if the Court had found,
after an enquiry under section 165, that an irregularity had occurred with
respect to that election.
'(4B) Subject to sub-section (4C), a person shall not purport to hold an
office within an organization if -
(a) the election by virtue of which he purports to hold the office was an
election to which this section applied; and
(b) he was not elected to that office by a secret postal ballot.
Penalty: $200 for each day during which the offence continues.
'(4C) Sub-section (4B) does not apply in relation to a person who holds
an
office by virtue of an order of the Court.
'(4D) Where a person is convicted of an offence under sub-section (4B),
the
organization within which is the office to which the offence relates is guilty
of an offence against this sub-section punishable, upon conviction, by a fine
of $1,000 for each day which the offence of the person has continued.'."
"28. Section 171C of the Principal Act is amended by inserting after
sub-section (1) the following sub-section:
'(1A) Where the Bureau has reason to believe that an election, or a step
in
an election, that was required by section 133AA to be conducted by secret
postal ballot in accordance with rules prescribed under sub-section (2) of
that section was not so conducted, the Bureau may apply to the Court under
sub-section (1) for a determination of the question whether an invalidity has
occurred in, or in connexion with, that election.'."
By virtue of sub-section 2 (2) of the Conciliation and Arbitration
Amendment Act (No. 3) 1977 sections 15 and 28 shall come into operation on a
date to be fixed by Proclamation. As at 30 September 1986 no date had been
fixed and the amendments are not incorporated in this reprint.
*4*. Section 133AA is amended by section 42 and Schedule 3 of the Conciliation
and Arbitration Amendment Act (No. 2) 1983. The provision of Schedule 3
applicable to the Conciliation and Arbitration Act 1904 provides as follows:
"Sub-section 133AA (4A) . . Omit 'paragraphs (a) and (c) of sub-section
(3)
of section 165', substitute 'paragraphs 165
(3)
and (c)'."
Sub-section 2 (1) of the Conciliation and Arbitration Amendment Act (No.
2)
1983 provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day
on which it receives the Royal Assent."
The amendment is not incorporated in this reprint.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 133A
Rules to provide for certain funds
SECT
133A. (1) In addition to the other conditions referred to in this Act, the
conditions to be complied with by associations divided into branches applying
for registration as organizations and by organizations divided into branches
shall include a condition that the rules of the association or organization
shall provide -
(a) that there shall be a fund (in this section referred to as the Federal
Fund) which shall be managed and controlled in accordance with rules relating
to the association or organization as a whole; and
(b) that each branch shall have a fund (in this section referred to as a
Branch Fund) of the particular branch which shall be managed and controlled in
accordance with rules of that branch,
and shall make provision in relation to those Funds in accordance with
sub-section (2) and (3), as if references in those sub-sections to an
organization included references to an association applying for registration
as an organization.
(2) The Federal Fund shall consist of -
(a) any real or personal property of which the committee of management of
the organization, by the rules or by any established practice not inconsistent
with the rules, has, or in the absence of any limited term lease, bailment or
arrangement, would have, the right of custody, control or management;
(b) in the case of an organization the rules of which provide for the
payment of capitation fees by a branch to the organization - fees so paid;
(c) in the case of an organization the rules of which provide for the
payment of the whole or part of any entrance fees, subscriptions, fines, fees
or levies by a branch to the organization - the amounts of such payments;
(d) any interest, rents, dividends or other income derived from the
investment or use of the Fund;
(e) any superannuation or long service leave or other fund operated or
controlled in accordance with rules relating to the organization as a whole
for the benefit of its officers or employees;
(f) any sick pay fund, accident pay fund, funeral fund, tool benefit fund or
like fund operated in accordance with rules relating to the organization as a
whole for the benefit of its members;
(g) any property acquired wholly or mainly by expenditure of the moneys for
the Fund or derived from other assets of the Fund; and
(h) the proceeds of any disposal of parts of the Fund.
(3) A Branch Fund shall consist of -
(a) any real or personal property of which the branch of the organization,
by the rules or by any established practice not inconsistent with the rules,
has or in the absence of any limited term lease, bailment or arrangement,
would have, the right of custody, control or management;
(b) the amounts of entrance fees, subscriptions, fines, fees or levies
received by a branch, less so much of those amounts as is payable by the
branch to the organization;
(c) any interest, rents or dividends derived from the investment of the
Fund;
(d) any superannuation or long service leave fund operated or controlled by
the branch for the benefit of its officers or employees;
(e) any sick pay fund, accident pay fund, funeral fund, tool benefit fund or
like fund operated or controlled by the branch for the benefit of its
members;
(f) any property acquired wholly or mainly by expenditure of the moneys of
the Fund or derived from other assets of the Fund; and
(g) the proceeds of any disposal of parts of the Fund.
(4) Rules relating to a Branch Fund shall not be altered except with the
consent of the branch concerned.
(5) The Registrar may grant to an association or organization exemption from
this section or any provision of this section on the ground that its rules
make adequate and reasonable provision for its funds, including branch funds,
having regard to its functioning under this Act and its participation in any
State system of industrial conciliation and arbitration.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 133AB
Casual vacancies
SECT
133AB.
(2) The rules of an organization may provide for the filling of a casual
vacancy in an office by an ordinary election or, subject to this section, in
any other manner provided in the rules.
(3) Rules making provision as described in sub-section (2) shall not permit
a casual vacancy, or further casual vacancies, occurring within the term of an
office to be filled, otherwise than by an ordinary election, for so much of
the unexpired part of the term as exceeds -
(a) 12 months; or
(b) three-quarters of the term of the office,
whichever is the greater.
(4) Where a vacancy in an office is filled by virtue of rules making
provision as described in sub-section (2) otherwise than by an ordinary
election, the person so filling the vacancy shall be taken, for the purposes
of the provisions of this Act (other than this section) and the provisions of
the rules of the organization (other than the first-mentioned rules), to have
been elected to that office in accordance with those provisions.
(5) Where -
(a) a vacancy in an office in an organization is filled by a person by
virtue of rules making provision as described in sub-section (2) otherwise
than by an ordinary election;
(b) the rules of the organization provide for a collegiate electoral system
under which the holders of certain offices are entitled to be members of a
particular electoral college in the manner described in sub-section 4 (5);
and
(c) as a result of his so filling the vacancy -
(i) he is a member of that electoral college; and
(ii) he is elected by and from that college to one of those offices,
his holding of the last-mentioned office by reason of that election does not
entitle him to be further elected by and from that electoral college to any of
those offices (including that last-mentioned office).
(6) In this section -
"electoral college" means a body of persons by and from whom persons are
elected at any stage of a collegiate electoral system subsequent to the first
stage;
"ordinary election" means an election held in accordance with rules that
comply with the requirements of section 133;
"organization" includes an association applying for registration as an
organization;
"term", in relation to an office, means the total period for which the last
person elected to the office by an ordinary election (other than an ordinary
election to fill a casual vacancy in the office) was entitled by virtue of
that election (disregarding the rules, if any, made in pursuance of
sub-seciton 133 (4E) or (4F)) to hold the office without being re-elected.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 133B
Rules to provide conditions for loans, grants and donations by organizations
SECT
133B. (1) In addition to the other conditions referred to in this Act, the
conditions to be complied with by associations applying for registration as
organizations and by organizations include a condition that the rules of the
association or organization, and the rules of any branch of the association or
organization, shall provide that a loan, grant or donation of an amount
exceeding $1,000 shall not be made by the association or organization, or by
the branch, as the case may be, unless the committee of management of the
association or organization, or of the branch, as the case may be -
(a) has satisfied itself -
(i) that the making of the loan, grant or donation would be in
accordance with the other rules of the association or organization, or of the
branch, as the case may be; and
(ii) in relation to a loan - that, in the circumstances, the security
proposed to be given for the repayment of the loan is adequate and the
proposed arrangements for the repayment of the loan are satisfactory; and
(b) has approved the making of the loan, grant or donation.
(1A) Notwithstanding sub-section (1), the rules of an association or
organization, or of any branch, as the case may be, may provide for a person
authorized by the rules to make a loan, grant or donation of an amount not
exceeding $3,000 to a member of the association, organization or branch, if
the loan, grant or donation -
(a) is for the purpose of relieving the member or any of his dependants from
severe financial hardship; and
(b) is subject to a condition to the effect that, if the committee of
management of the association or organization, or the branch, as the case may
be, at the next meeting of the committee, does not approve the loan, grant or
donation, it shall be repaid as determined by the committee.
(1B) In considering whether to approve a loan, grant or donation made under
sub-section (1A), the committee of management of the association or
organization, or of the branch, as the case may be, shall have regard to -
(a) whether the loan, grant or donation was made in accordance with the
rules of the association or organization, or of the branch, as the case may
be; and
(b) in the case of a loan -
(i) whether the security, if any, given for the repayment of the
loan is satisfactory; and
(ii) whether the arrangements for the repayment of the loan are
satisfactory.
(2) Nothing in sub-section (1) requires the rules of an association or
organization, or of a branch of an association or organization, to make a
provision of the kind referred to in that sub-section in relation to payments
made by the association or organization, or by the branch, as the case may be,
by way of provision for, or reimbursement of, out-of-pocket expenses incurred
by persons for the benefit of the association or organization, or of the
branch, as the case may be.
(3) An organization that became registered before the date of commencement
of this section is allowed a period of 12 months after that date, or such
longer period as the Industrial Registrar determines, within which to bring
its rules, and the rules of any branch of the organization, into conformity
with the requirements of sub-section (1).
(4) If, at the expiration of the period allowed by sub-section (3), the
rules of an organization or of a branch of an organization, being an
organization to which that sub-section applies, do not, in the opinion of the
Industrial Registrar, conform with the requirements of sub-section (1), the
Industrial Registrar may, after inviting the organization to consult with him
on the matter, determine such alterations of the rules as will, in his
opinion, bring them into conformity with those requirements.
(5) The Industrial Registrar shall register the alterations determined by
him in accordance with sub-section (4) and thereupon the rules shall be deemed
to be altered accordingly.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 134
Alteration of rules to comply with prescribed conditions, &c.
SECT
134. (1) The Registrar may, upon the application of an association applying
to be registered as an organization, grant leave to the association, on such
terms and conditions as the Registrar thinks fit, to alter its rules to enable
it to comply with the prescribed conditions or to remove a ground of objection
taken by an objector in accordance with the regulations or by the Registrar
and, notwithstanding the fact that the application for registration is
pending, the association may alter its rules accordingly.
(2) Where the rules of an association have been altered in accordance with
leave granted under this section, the rules, as so altered, are,
notwithstanding anything in the constitution of the association, but subject
to any further alterations lawfully made, binding on the members of the
association, and the rules, as so altered, become the rules of the association
for the purposes of the application for registration.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 135
Certificate of registration
SECT
135. The Registrar shall issue to each organization registered under this
Act a certificate of registration in the prescribed form, which certificate
shall until proof of cancellation be conclusive evidence of the registration
of the organization therein mentioned and that it has complied with the
prescribed conditions to entitle it to be registered.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 136
Incorporation of organization
SECT
136. Every organization registered under this Act shall have perpetual
succession and a common seal, and may purchase take on lease hold sell lease
mortgage exchange and otherwise own possess and deal with any real or personal
property.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 136A
Participation of organizations in State systems
SECT
136A. (1) Where it is not contrary to the rules of an organization to do so,
it may participate in the systems of conciliation and arbitration or of wages
boards or like systems established under the law of a State, and for that
purpose a branch of an organization may become registered under a law of a
State so long as that registration does not involve the branch in becoming
incorporated, or otherwise becoming a legal entity, under the law of a State.
(2) Where an organization so participates, its rules may provide that the
Secretary of the branch of the organization in the State shall be the person
to sue or to be sued under the law of the State in respect of any acts or
omissions arising from that participation.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 137
Rules, &c., of organization not to prevent agreement
SECT
137. The rules of an organization registered under this Act shall not during
the currency of an award in the industry concerned prevent or impede any
members of such organization from entering into written agreements in
accordance with such award.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 138
Incitement to boycott award forbidden
SECT
138. (1) A person who holds office in, or is otherwise an officer of, an
organization or branch of an organization, or the agent of an organization or
branch of an organization, shall not, during the currency of an award -
(a) advise, encourage or incite a member of an organization which is bound
by the award to refrain from, or prevent or hinder such a member from -
(i) entering into a written agreement;
(ii) accepting employment; or
(iii) offering for work, or working,
in accordance with the award or (in the case of an agreement, employment or
work that relates to or is work to which the award applies) with an employer
who is bound by the award;
(b) advise, encourage or incite such a member to make default in compliance
with the award;
(c) prevent or hinder such a member from complying with the award;
(d) advise, encourage or incite such a member to retard, obstruct or limit
the progress of work to which the award applies by "go slow" methods; or
(e) advise, encourage or incite such a member -
(i) to perform work to which the award applies in a manner
different from that customarily applicable to that work; or
(ii) to adopt a practice in relation to that work,
where the result would be a limitation or restriction of output or production
or a tendency to limit or restrict output or production.
Penalty: $400.
(2) Sub-section (1) extends to advice, encouragement, incitement, prevention
or hindrance in relation to employment or work with or for a particular
employer or of a particular kind.
(3) In a prosecution for a contravention of this section it is a defence to
prove that the reason for the conduct charged -
(a) was unrelated to the terms and conditions of employment prescribed by
the award; or
(b) was related to a failure or proposed failure by an employer to observe
the award.
(4) In this section, "award" includes an award or order prescribing,
directly or indirectly, terms and conditions of employment and made by a
prescribed tribunal in pursuance of a law of the Commonwealth other than this
Act, and also includes provisions in force by virtue of such an award or
order.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 139
Alteration of name or rules of organizations
SECT
139. (1) A change of the name of an organization or an alteration of its
rules in so far as they relate to conditions of eligibility for membership or
the description of the industry in connection with which the organization is
registered shall not have effect unless the Registrar consents to the change
or alteration upon an application made as prescribed.
(2) The Registrar may consent to the change or alteration in whole or in
part but shall not so consent unless he is satisfied that the change or
alteration has been made in accordance with the relevant procedures laid down
by the rules of the organization.
(3) The Registrar shall record the change or alteration to which he has
consented in the register and upon the certificate of registration and
thereupon the change or alteration shall have effect.
(4) An alteration of the rules of an organization to which the consent of
the Registrar under this section is not required does not have effect until
particulars of the alteration have been filed in the office of the Registrar
and the Registrar has certified that, in his opinion, the alteration complies
with and is not contrary to the provisions of this Act, of the regulations or
of an award and is not otherwise contrary to law and has been made in
accordance with the relevant procedures laid down by the rules of the
organization.
(5) The Registrar shall, in addition to any other relevant matters, have
regard to the question whether there is, in relation to an applicant
organization, an associated body, as defined in Part VIIIB, registered under a
State Act and whether the reason the change is sought is to enable the
organization, in addition to representing members under this Act, to represent
under a State Act the class of persons who would, if the change were consented
to, become eligible for membership.
(6) In the case of an alteration to a rule which may effect a change in the
persons eligible to be members of a branch of the organization that is
registered under the law of a State, the Registrar shall, before consenting or
certifying, as the case may be, give notice of the proposed change to the
Industrial Registrar or similar officer appointed under the law of the State
in which the branch operates and, if so requested, consult with that
Industrial Registrar or officer.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 140
Requirements as to rules
SECT
140. (1) The rules of an organization -
(a) shall not be contrary to, or fail to make a provision required by, a
provision of this Act, the regulations or an award or otherwise be contrary to
a law;
(b) shall not be such as to prevent or hinder members of the organization
from observing the law or the provisions of an award;
(c) shall not impose upon applicants for membership, or members, of the
organization, conditions, obligations or restrictions which, having regard to
the objects of this Act and the purposes of the registration of organizations
under this Act, are oppressive, unreasonable or unjust; and
(d) shall be such as to provide for the autonomy of a branch in matters
affecting members of the branch only and matters concerning the participation
of the branch in any State industrial conciliation and arbitration system.
(2) A member of an organization may apply to the Court for an order under
this section in respect of the organization.
(5D) An order under this section may declare that the whole or a part of a
rule of an organization contravenes sub-section (1) or that the rules of an
organization contravene sub-section (1) in a specified respect.
(5E) Subject to sub-section (5F), the Court has jurisdiction to hear and
determine an application under sub-section (2).
(5F) An organization in respect of which an application is made under this
section shall be given an opportunity of being heard by the Court.
(5G) Where an order under this section declares that the whole or a part of
a rule contravenes sub-section (1), the rule or that part of the rule, as the
case may be, shall be deemed to be void from the date of the order.
(6) The Court may, without prejudice to any other power of the Court to
adjourn proceedings, adjourn proceedings in relation to an application under
this section for such period and upon such terms and conditions as it thinks
fit for the purpose of giving the organization an opportunity to alter its
rules.
(7) Where -
(a) the Court makes a declaration under this section in relation to the
rules of an organization; and
(b) at the expiration of 3 months from the date of the declaration, the
rules of the organization have not been amended in a manner which, in the
opinion of the Industrial Registrar, brings them into conformity with the
requirements of sub-section (1) as regards the matters that gave rise to the
declaration,
the Industrial Registrar shall, after inviting the organization to consult
with him on the matter, determine such alterations of the rules as will, in
his opinion, bring them into conformity with those requirements as regards
those matters.
(8) The Industrial Registrar shall register the alterations so determined by
him and thereupon the rules shall be deemed to be altered accordingly.
(9) The Industrial Registrar may, on the application of the organization
made within the time referred to in sub-section (7) or within any extension of
that time, extend, or further extend, that time.
(10) At any time after proceedings under this section have been instituted
(including proceedings instituted before the commencement of this
sub-section), the Court may make such interim orders as it thinks fit in
relation to a matter to which the matters raised in the proceedings are
relevant.
(11) An order under sub-section (10) continues in force, unless expressed to
operate for a shorter period or unless sooner discharged, until the completion
of the proceedings under this section.
(12) A reference in this section to the rules of an organization or to a
rule of an organization shall be read as including a reference to the rules of
a branch of the organization or to a rule of such a branch.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 141
Direction for performance of rules
SECT
141. (1) A member of an organization may apply to the Court for an order
under this section in respect of the organization.
(1G) An order under this section may give directions for the performance or
observance of any of the rules of an organization by any person who is under
an obligation to perform or observe those rules.
(1H) The Court has jurisdiction to hear and determine an application under
sub-section (1) but, before making an order under this section, the Court
shall give any person against whom the order is sought an opportunity of being
heard.
(2) At any time after proceedings under this section have been instituted
(including proceedings instituted before the commencement of this
sub-section), the Court may make such interim orders as it thinks fit in
relation to the matters to which the proceedings relate.
(3) An order under sub-section (2) continues in force, unless expressed to
operate for a shorter period or unless sooner discharged, until the completion
of the proceedings under this section.
(4) A person shall not fail to comply with a direction or order of the Court
under this section.
Penalty: $400.
(5) An order shall not be made under this section that would have the effect
of treating as invalid an officially conducted ballot or a step in such a
ballot.
(6) An order shall not be made under this section that would have the effect
of treating as invalid an election to an office in an organization or branch
of an organization (other than an officially conducted ballot) that was
completed before the institution of proceedings under this section unless
those proceedings were instituted -
(a) within the period of 12 months commencing on the date of completion of
the election; or
(b) after the expiration of that period but before the expiration of the
period of office to which the election related, and the Court shall not
proceed with the hearing of proceedings in which an order of the kind referred
to in this sub-section is sought, being proceedings instituted in accordance
with paragraph (b), unless the Court is satisfied that the person instituting
the proceedings did not have, and could not by reasonable diligence have
acquired, within the period referred to in paragraph (a), knowledge of, or the
means of establishing, the matters that are alleged as a reason for the making
of the order.
(7) An order shall not be made under this section that would have the effect
of treating as invalid an election in respect of which there has, whether
before or after the commencement of this sub-section, been an inquiry under
section 165 if, upon the inquiry -
(a) the Court has found that no irregularity occurred in or in connection
with the election; or
(b) notwithstanding that the Court has found that an irregularity has
occurred in or in connection with the election, the Court has not made an
order declaring the election, or any step taken in or in connection with the
election, to be void or declaring a person not to have been elected.
(8) Where an application has been lodged under section 159 for an inquiry by
the Court in relation to an election, the Court may decline to hear or further
hear, or to determine, an application under this section by which the validity
of the election, or of a step in the election, is called in question before
the application under section 159 and any proceedings in the Court arising out
of that application have been disposed of.
(8A) Where the Court, in considering an application under this section,
finds that the whole or a part of a rule of the organization concerned
contravenes sub-section 140 (1) or that the rules of the organization
concerned contravene that sub-section in a particular respect, the Court may
make an order setting out that finding and section 140 applies in relation to
that order as if -
(a) that order had been made in proceedings relating to an application under
that section; and
(b) the finding set out in that order were a declaration of the Court.
(8B) In this section, other than sub-section (8A), "order" does not include
an order under sub-section (8A).
(9) In this section, "officially conducted ballot" means an election
conducted under section 170 or an election the whole or a part of which was
conducted in pursuance of an order of the Court under paragraph 165 (3) (c).
(10) In this section, "election" includes a purported election that is a
nullity.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 141A
Financial assistance in proceedings under section 140 or 141
SECT
141A. (1) In this section, unless the contrary intention appears -
"proceedings" means proceedings instituted, whether before or after the
commencement of this section, under either of sections 140 and 141;
"the applicant", in relation to proceedings, includes the complainant in
proceedings under section 141.
(2) Subject to the succeeding provisions of this section, where a rule has
been granted in proceedings by the Court or a Judge calling upon a person or
organization to show cause why an order should not be made under either of
sections 140 and 141 in relation to that person or organization, the applicant
in the proceedings may apply to the Attorney-General for financial assistance
by the Commonwealth in respect of the costs or expenses that the applicant has
paid, has become liable to pay or may become liable to pay in connection with
the proceedings.
(3) Where an application is so made and the Attorney-General is satisfied
that it is likely that hardship would be caused to the applicant if assistance
were not given by the Commonwealth in respect of the costs or expenses that he
has paid, has become liable to pay or may become liable to pay in connection
with the proceedings, the Attorney-General may, subject to sub-section (4),
authorize payment by the Commonwealth to or on behalf of the applicant of such
amount as is, or such amounts as are from time to time, determined -
(a) by the Attorney-General; or
(b) in accordance with a direction given, or directions from time to time
given, by the Attorney-General,
in respect of those costs or expenses.
(4) The Attorney-General may refuse an application under this section in
respect of proceedings if he is satisfied that -
(a) the order sought in the proceedings is the same or substantially the
same as an order obtained or sought in other relevant proceedings and the
proceedings involve the determination of the same or substantially the same
questions of fact or law or mixed fact and law as were or are involved in the
determination of the other proceedings; or
(b) it would be contrary to the interests of justice to grant financial
assistance to the applicant in connection with the proceedings.
(5) For the purpose of sub-section (4), "other relevant proceedings" means
proceedings that -
(a) were instituted before the proceedings in respect of which the
application under this section was made; and
(b) have been heard and determined by, or are pending before, the Court.
(6) Nothing in this section authorizes a payment in respect of fees of more
than one counsel appearing for the applicant in proceedings unless 2 or more
counsel appeared, or are to appear, for another party to, or an intervener in,
the proceedings.
(7) The Attorney-General may authorize under this section payment to be made
by the Commonwealth in respect of proceedings either before or after the
proceedings have been heard and determined by the Court, but shall not
authorize payment by the Commonwealth in respect of proceedings that were
heard and determined by the Court before 24 April 1972.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 141B
Financial assistance in respect of certain respondents on account of hardship
SECT
141B. (1) A person (not including an organization) who -
(a) has been a party, otherwise than as an applicant or complainant, to
proceedings under section 140 or 141; and
(b) has paid, or become liable to pay, costs or expenses in connection with
the proceedings,
may apply to the Attorney-General for financial assistance by the Commonwealth
in respect of those costs or expenses.
(2) Where a person applies for financial assistance in accordance with this
section, the Attorney-General may, if he is satisfied that it would involve
hardship to that person to refuse the application and that, in all the
circumstances, it is reasonable that the application should be granted,
authorize payment by the Commonwealth to or on behalf of that person in
respect of those costs and expenses of such amount as he determines or of such
amounts as he, from time to time, determines.
(3) Nothing in this section authorizes a payment in respect of fees of more
than one counsel appearing for the person to whom assistance is granted unless
2 or more counsel appeared for the person who was the applicant or complainant
in the proceedings.
(4) This section does not apply in relation to proceedings that were heard
and determined by the Court before 24 April 1972.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 142
Power to refuse registration of certain organizations
SECT
142. The Registrar shall, unless in all the circumstances he thinks it
undesirable so to do, refuse to register any association as an organization if
an organization, to which the members of the association might conveniently
belong, has already been registered.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 142A
Representation of employees by an organization
SECT
142A. (1) The Commission may, on the application of an organization, an
employer or the Minister, if it thinks it in the public interest to do so,
make an order providing that an organization of employees shall have the right
to represent, in respect of all or some industrial interests under this Act, a
class or group of employees who are eligible for membership of the
organization, either generally or subject to such limitations as it may
specify, to the exclusion of another organization or organizations and may
make such orders as it thinks necessary in consequence of such an order.
(2) The Commission may, on the application of an organization, an employer
or the Minister, if it thinks it in the public interest to do so, make an
order -
(a) declaring that it is in the public interest that an organization of
employees should not have the right to represent the industrial interests
under this Act of employees included in a class or group of employees
specified in the order; and
(b) directing the organization to alter its rules (before the expiration of
a period and in a manner specified in the order) for the purpose of excluding
from eligibility for membership of the organization persons belonging to that
class or group of employees.
(3) In considering whether or not to make an order under this section, the
Commission shall have regard to the likely effect of the order on -
(a) the cost of carrying on the industrial operation concerned;
(b) the efficiency of that operation; and
(c) any existing practice or arrangement relating to the performance of work
by employees engaged in that operation.
(4) The organization in respect of which an application is made under this
section shall be given an opportunity of being heard by the Commission.
(5) On and after the date of an order under sub-section (2) and before the
rules are altered in accordance with the order, the effect of the order is
that -
(a) an employee included in the class or group of employees to which the
order relates who was, immediately before the date of the order, a member of
the organization ceases to be such a member; and
(b) if the organization purports to enrol as a member an employee included
in the class or group of employees to which the order relates - that purported
enrolment has no effect.
(6) Subject to section 35, the power of the Commission to make an order
under this section is exercisable by a Presidential Member and not otherwise.
(7) A party to proceedings under this section may apply to the
Presidential
Member concerned to have the matter the subject of the proceedings dealt with
by a Full Bench of the Commission on the ground that the matter is of such
importance that, in the public interest, it should be so dealt with.
(8) If the Presidential Member to whom an application is made under
sub-section (7) is not the President, he shall refer the applicatin to the
President.
(9) Where an application is made to the President under sub-section (7) or
is referred to the President under sub-section (8), the President, if he
thinks it in the public interest to do so, shall direct that the matter the
subject of the application be heard and determined by a Full Bench of the
Commission.
(10) If an organization fails to alter its rules in compliance with an order
under sub-section (2), the Industrial Registrar may, after inviting the
organization to consult with him on the matter, determine such alterations of
the rules of the organization as will, in his opinion, give effect to the
order.
(11) The Industrial Registrar shall register the alterations so determined
by him and thereupon the rules shall be deemed to be altered accordingly.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 143
Application for cancellation of registration
SECT
143. (1) Any organization or person interested, the Minister or the
Registrar, may apply to the Court for an order directing the cancellation of
the registration of an organization on the ground that -
(a) the organization has been registered erroneously or by mistake;
(aa) the organization, being an organization of employees the members of
which include persons referred to in sub-paragraph 132 (1) (b) (ii) or (c)
(ii), has ceased to be effectively representative of the members who are
employees in or in connection with the industry concerned, or of employees
engaged in the industrial pursuit or pursuits concerned, as the case may be;
(ab) the organization, being an organization of employers the members of
which include persons referred to in sub-paragraph 132 (1) (a) (ii) or (iii),
has ceased to be effectively representative of the members who are employers
in or in connection with the industry concerned;
(b) the rules of the organization fail to comply with or are contrary to a
provision of this Act, the regulations or an award or are otherwise contrary
to law;
(c) the rules of the organization, in so far as they provide for a matter in
accordance with the prescribed conditions, have not been observed;
(d) the rules of the organization have been administered in such a manner
that conditions, obligations or restrictions which, having regard to the
objects of this Act and the purposes of the registration of organizations
under this Act, are oppressive, unreasonable or unjust, have been imposed upon
applicants for membership, or members, of the organization;
(e) the proper authority of the organization has wilfully neglected to
provide for the levying and collection of subscriptions, fees or penalties
from members of the organization;
(f) the organization is in contravention of a provision of Part VIIIAA;
(g) the organization has wilfully neglected to obey an order of the Court;
(h) the conduct of the organization (either in respect of its continued
breach or non-observance of an award or its continued failure to ensure that
its members comply with and observe an award or in any other respect), or the
conduct of a substantial number of the members of the organization (either in
respect of their continued breach or non-observance of an award or in any
other respect), has prevented or hindered the achievement of an objection of
this Act;
(j) the organization, or a substantial number of the members of the
organization or of a section or class of members of the organization, has
engaged in industrial action that has prevented, hindered or interfered with
-
(i) trade or commerce with other countries or among the States; or
(ii) the provision of any public service by the Commonwealth or a
State or by an authority of the Commonwealth or a State; or
(k) that the organization has engaged in, or is engaging in, conduct or
activities not authorized by or in accordance with its rules.
(2) The Court has jurisdiction to hear and determine an application under
sub-section (1) and if, after adjourning the proceedings for such period, if
any, as it thinks fit -
(a) it finds that the ground of the application has been established; and
(b) it does not consider that, having regard to the degree of gravity of the
matters constituting that ground and the action, if any, that has been taken
by or against the organization in relation to those matters, to do so would be
unjust,
it shall, subject to this section, by order direct the Registrar to cancel the
registration of the organization.
(2A) Where, in proceedings before the Court under sub-section (1) for an
order directing the cancellation of the registration of an organization -
(a) the Court finds that the ground on which the proceedings are based has
been established; and
(b) that finding is made, wholly or mainly, as a result of the conduct of a
particular section or class of members of that organization,
the Court, if it thinks it just to do so, may, in lieu of making an order
under sub-section (2) in those proceedings, order that the rules of the
organization be amended in such manner as to exclude from eligibility for
membership of the organization persons belonging to that section or class.
(3) An organization in respect of which an application is made under this
section shall be given an opportunity of being heard by the Court.
(3A) Where an application is made to the Court under sub-section (1) on the
ground that the rules of an organization fail to comply with or are contrary
to a provision of this Act, the regulations or an award or are otherwise
contrary to law, the Court may, without prejudice to any other power of the
Court to adjourn proceedings, adjourn the proceedings in relation to the
application for such period and upon such terms and conditions as it thinks
fit for the purpose of giving the organization an opportunity to alter its
rules.
(3B) Where, upon the hearing of an application under this section in
relation to an organization, the Court is satisfied that a rule of the
organization contravenes sub-section 140 (1), the Court may, in lieu of making
an order directing the cancellation of the registration of the organization,
make an order declaring that the whole or a part of the rule contravenes that
sub-section and, where such an order is made, the rule, or that part of the
rule, as the case may be, shall be deemed to be void, from the date of the
order.
(3C) Where, upon the hearing of an application under this section in
relation to an organization, the Court is satisfied that the rules of the
organization have not been observed, the Court may in lieu of directing the
cancellation of the registration of the organization, make an order giving
directions for the performance or observance of any of the rules of the
organization by any person who is under an obligation to perform or observe
those rules and has been given an opportunity of being heard in the
proceedings.
(3D) A person shall not contravene or fail to comply with a direction given
under sub-section (3C).
Penalty: $400.
(3DA) Where, in proceedings before the Court under sub-section (1) for an
order directing the cancellation of the registration of an organization, the
Court finds that the ground on which the proceedings are based has been
established, the Court may, if it thinks it just to do so, by order, exercise,
in relation to the organization or all or any of its members, one or more of
the powers set out in sub-section (3DB) and, if it does so, it shall defer the
determination of the question whether to direct the cancellation of the
registration of the organizations until such time as any orders made in
pursuance of those powers have ceased to be in force.
(3DB) The powers that may be exercised by the Court by order under
sub-section (3DA) are as follows:
(a) power to suspend, to the extent specified in the order, any of the
rights, privileges or capacities of the organization or of all or any of its
members, as such members, under this Act or any other Act or under awards or
determinations under this Act or under any other Act;
(b) power to give directions as to the exercise of any rights, privileges or
capacities that have been so suspended;
(c) power to make provision for restricting the use of the funds or property
of the organization or a branch of the organization and for the control of
those funds or that property for the purpose of ensuring observance of the
restrictions.
(3DC) Where the Court has, under sub-section (3DA), deferred the
determination of the question whether to direct the cancellation of the
registration of an organization, the Court may, notwithstanding that
sub-section, at any time, upon application by a proceed to determine that
question if, having regard to any matters established to its satisfaction
concerning the observance or non-observance of any order and to any other
relevant circumstance, it thinks it just to do so.
(3DD) An order made in pursuance of a power conferred by sub-section (3DB)
or paragraph 143A (2) (b) has effect notwithstanding anything in the rules of
the organization or of a branch of the organization.
(3DE) An order made in pursuance of a power conferred by sub-section (3DB)
shall, unless sooner revoked, cease to be in force at the expiration of 6
months from the day on which it came into force but may, at any time while it
remains in force, be extended in duration by a further order made by the Court
on the application of a party to the proceedings in which the original order
was made.
(3DF) An order made in pursuance of a power conferred by sub-section (3DB)
may be revoked at any time by a further order of the Court made on an
application to the Court by a party to the proceedings in which the original
order was made.
(3DK) A person shall not fail to comply with, or obstruct or hinder the
carrying out of, a provision of an order by the Court made in the exercise of
a power conferred by sub-section (3DB) or a provision of an order by the
Governor-General in force under paragraph 143A (2) (b).
Penalty: $400 or imprisonment for 6 months or both or, in the case of an
offence referred to in sub-section (3DL), $400 for each day during which the
offence is to be deemed to continue or imprisonment for 6 months, or both.
(3DL) Where an offence against sub-section (3DK) is committed by a person by
reason of his failure to comply, within the period specified in an order or
direction, with the requirements specified in the order or direction, the
offence shall, for the purposes of sub-section (3DK), be deemed to continue so
long as any requirement specified in the order or direction remains undone,
notwithstanding that the period has elapsed.
(3DM) Proceedings for an offence against sub-section (3DK) shall be brought
in the Court.
(3E) At any time at which there is in force a Proclamation declaring that
the Commission may exercise powers under this sub-section, a Full Bench may,
upon the application of an organization or person interested or of the
Registrar, direct the Registrar to cancel the registration of an organization
if it considers that for any reason the registration of the organization ought
to be cancelled, but the Commission shall not give such a direction upon a
ground specified in the Proclamation as a ground upon which the powers of the
Commission under this sub-section shall not be exercised.
(3F) Where the Court or the Commission has made an order under this section,
or the Governor-General has made an order under section 143A, directing the
cancellation of the registration of an organization, the Registrar shall
cancel the registration of the organization accordingly.
(3G) The Registrar may, if he thinks it appropriate to do so in the
circumstances, cancel the registration of an organization where -
(a) the number of the members of the organization or of their employees, as
the case may be, would not entitle them to registration under section 132;
(b) the Registrar has satisfied himself, in accordance with the regulations,
that the organization is defunct; or
(c) the organization has, in accordance with, and in circumstances
prescribed by, the regulations, requested that its registration be cancelled.
(4) The cancellation shall not relieve the organization or any member
thereof from any penalty or liability incurred prior to the cancellation.
(5) Upon cancellation of the registration of an organization, the
organization and its members shall cease to be entitled to the benefits of any
award which applies to the organization or its members and, upon the
expiration of a period of 21 days after the cancellation of the registration
of the organization, such an award shall, subject to any order to the contrary
made by the Commission upon the application of any organization or person
interested, cease in all other respects to have force or effect in relation to
the organization and its members.
(5A) The powers of the Commission to make an order for the purposes of
sub-section (5) are exercisable by the Commission constituted by the
President.
(6) Upon the cancellation of the registration of an organization, the
organization shall cease to be an organization and a corporation under this
Act, but shall not by reason of the cancellation cease to be an association.
The property of the organization shall, subject to any order which the Court,
upon application by a person interested, may make with respect to the
satisfaction of the debts and obligations of the organization out of that
property, be the property of the association and shall be held and applied for
the purposes of the association in accordance with the constitution and rules
of the organization insofar as they can be carried out or observed
notwithstanding the deregistration of the organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 143A
Cancellation of registration, &c.
SECT
143A. (1) Where, on application by the Minister, a Full Bench is satisfied
that -
(a) an organization has been or is, or 2 or more members of an organization
have been or are, engaged in industrial action; and
(b) the industrial action has had, is having, or is likely to have, a
substantial adverse effect on the safety, health or welfare of the community
or of a part of the community,
the Full Bench shall make a declaration that it is so satisfied and cause the
declaration to be recorded in writing.
(2) Where a declaration is made under sub-section (1) by a Full Bench in
relation to an organization or members of an organization, the
Governor-General may -
(a) at any time within the period of 6 months after the making of the
declaration, by order in writing under his hand, direct the Registrar to
cancel the registration of the organization; or
(b) at any time, or from time to time, within that period of 6 months, by
order in writing, exercise any one or more of the following powers:
(i) the power to suspend, to the extent specified in the order, any
of the rights, privileges or capacities of the organization or of all or any
of its members, as such members, under this Act or any other Act or under
awards or determinations under this Act or under any other Act;
(ii) the power to give directions as to the exercise of any rights,
privileges or capacities that have been so suspended;
(iii) the power to make provision for restricting the use of the funds
or property of the organization or a branch of the organization and for the
control of those funds or that property for the purpose of ensuring observance
of the restrictions.
(3) Where the Governor-General has made an order under paragraph (2) (b) in
relation to an organization, the Governor-General may at any time, within the
period of 6 months after the making of that order, by order in writing under
his hand, direct the Registrar to cancel the registration of the organization.
(4) Where the Governor-General, by order under sub-section (2) or (3),
directs the Registrar to cancel the registration of an organization, the
Governor-General may, by that order or by a later order in writing under his
hand, specify a condition or conditions with which the association that is or
was, as the case may be, registered as the organization is required to comply
before it may be registered again under section 132.
(5) Notwithstanding anything in section 132, where the registration of an
organization has been cancelled in accordance with a direction given by the
Governor-General under sub-section (2) or (3), the association that was
registered as the organization is not entitled to be registered under section
132 unless -
(a) where the Governor-General has, in accordance with sub-section (4),
specified a condition or conditions in relation to the association - the
Governor-General declares, by order in writing under his hand, that that
condition has, or those conditions have, been complied with; or
(b) in a case to which paragraph (a) does not apply - the Governor-General
declares, by order in writing under his hand, that the association may apply
to be registered under section 132.
(6) Where, on application by the Minister, a Full Bench is satisfied that,
after an association in relation to which a declaration has been made by the
Governor-General under paragraph (5) (a) has become registered again as an
organization under section 132, the organization has ceased to comply with the
condition or any one or more of the conditions specified by the
Governor-General in accordance with sub-section (4), the Full Bench shall make
a declaration that it is so satisfied.
(7) Where a declaration is made under sub-section (6) by a Full Bench in
relation to an organization, sub-section (2) has effect in like manner as it
has effect in relation to a declaration made under sub-section (1) by a Full
Bench in relation to an organization.
(8) A document signed by the Industrial Registrar or a Deputy Industrial
Registrar stating that the Full Bench made a declaration under sub-section (1)
or (6) on a date specified in the document and purporting to set out the terms
of the declaration is prima facie evidence of the matters stated in the
document.
(9) An order made by the Governor-General in pursuance of a power conferred
by paragraph (2) (b) may be revoked by the Governor-General at any time by a
further order in writing under his hand.
(10) An order made by the Governor-General in pursuance of a power conferred
by paragraph (2) (b) shall, unless sooner revoked, cease to be in force at the
expiration of 6 months from the date on which it came into force but may, at
any time while it remains in force (including a time when it remains in force
by virtue of a previous extension or previous extensions under this
sub-section), be extended in duration by a further order made by the
Governor-General in writing under his hand.
(11) Where the Governor-General makes an order under this section -
(a) a copy of the order shall be published in the Gazette; and
(b) the order comes into force upon the date of publication of the copy of
the order in the Gazette.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 144
Entitlement to membership of organizations
SECT
144. (1) A person employed in connection with an industry, or engaged in an
industrial pursuit, is, unless he is of general bad character, entitled,
subject to payment of any amount properly payable in respect of membership, to
be admitted as a member of an organization (being an organization of employees
in or in connection with that industry or of employees engaged in that
industrial pursuit) and to remain a member so long as he complies with the
rules of the organization.
(2) Sub-section (1) does not entitle a person to be admitted as a member of
an organization unless he is included in a category of persons who are
eligible for membership of the organization under the rules of the
organization, or to remain a member if he ceases to be so included and the
rules do not permit him to remain a member.
(2A) Subject to sub-section (2), sub-section (1) has effect notwithstanding
the rules of the organization except to the extent that it expressly requires
compliance with those rules.
(3) For the purposes of this section -
(a) a person whose usual occupation is that of employee in an industry or
engagement in an industrial pursuit; or
(b) a person who is qualified to be an employee in an industry or to engage
in an industrial pursuit and desires to become such an employee or so to
engage,
shall be deemed to be employed in that industry or to be engaged in that
industrial pursuit.
(4) Nothing in this section applies to a person as to whom there is
reasonable ground for believing that -
(a) he is a member of an unlawful association within the meaning of
sub-section 30A (1) of the Crimes Act 1914; or
(b) he advocates or encourages, or has, within one year immediately before
seeking to become a member of the industrial organization, advocated or
encouraged, any of the matters referred to in that sub-section.
(5) Where a question or dispute arises as to the entitlement under this
section of a person to be admitted as, or to remain, a member of an
organization, that person, a person who is or desires to become the employer
of that person or the organization may apply to the Court for a declaration as
to the entitlement of that first-mentioned person under this section.
(5A) Subject to sub-section (7), the Court has jurisdiction to hear and
determine an application under sub-section (5) and may, notwithstanding
anything contained in the rules of the organization concerned, make such order
to give effect to its determination as it thinks fit.
(6) The orders which the Court may make under sub-section (5A) include an
order requiring the organization concerned to treat a person to whom
sub-section (1) applies as being a member of the organization and, upon the
making of such an order, or as otherwise specified in the order, the person
specified in the order becomes, by force of this Act, a member of the
organization.
(7) Where an application is made to the Court under this section -
(a) if the application is made otherwise than by a person whose entitlement
is in question - that person shall be given an opportunity of being heard by
the Court; and
(b) if the application is made otherwise than by an organization - the
organization concerned shall be given an opportunity of being heard by the
Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 144A
Conscientious beliefs with respect to organizations
SECT
144A. (1) Where a person, upon application made to the Registrar in the
prescribed form and manner, and payment of the prescribed fee, satisfies the
Registrar that the person's conscientious beliefs do not allow the person to
be a member of any association of a kind described in a paragraph of
sub-section 132 (1), the Registrar shall issue to the person a certificate to
that effect.
(2) In sub-section (1) -
"conscientious beliefs" means any conscientious beliefs, whether the grounds
for the beliefs are or are not of a religious character and whether the
beliefs are or are not part of the doctrine of any religion;
"prescribed fee", in relation to an applicant under sub-section (1), means a
fee equal to the annual subscription payable by the members of the
organization that, in the opinion of the Registrar, is the organization that
would, but for the person's conscientious beliefs, have been the appropriate
organization for the person to join having regard to his past employment (if
any) and his future prospects of employment.
(3) Notwithstanding section 88F, no appeal lies to the Commission against -
(a) a decision of the Registrar to issue a certificate under sub-section
(1); or
(b) a determination by the Registrar of the prescribed fee in relation to an
applicant under sub-section (1).
(4) A certificate under sub-section (1) remains in force for such period,
not exceeding 12 months, as is specified in the certificate but may be renewed
from time to time by the Registrar for such period, not exceeding 12 months,
as the Registrar thinks fit.
(5) An employer -
(a) shall not dismiss an employee, or injure him in his employment, or alter
his position to his prejudice, by reason of the circumstance that the
employee, being a person in respect of whom there is in force a certificate
under sub-section (1), is not a member of an organization;
(b) shall not threaten to dismiss an employee, being a person in respect of
whom there is in force a certificate under sub-section (1), or to injure such
an employee in his employment or to alter the position of such an employee to
his prejudice, with intent to coerce the employee to join an organization; or
(c) shall not refuse to employ a person in employment by reason of the
circumstance that the person, being a person in respect of whom there is in
force a certificate under sub-section (1), is not a member of an organization.
(6) An organization -
(a) shall not advise, encourage or incite an employer to take action in
relation to a person that would, if taken, be a contravention of sub-section
(5);
(b) shall not take, or threaten to take, industrial action against an
employer with the intent to coerce the employer to take action in relation to
a person that would, if taken, be a contravention of sub-section (5);
(c) shall not take, or threaten to take, any action having the effect,
directly or indirectly, of prejudicing a person in his employment, being a
person in respect of whom there is in force a certificate under sub-section
(1), with the intent to coerce the person to join the organization.
(7) A contravention of sub-section (5) or (6) is an offence against that
sub-section, punishable, upon conviction by -
(a) where the action constituting the offence has continued for more than a
day - a penalty not exceeding a fine of $400 for each day during which that
action has continued; or
(b) in any other case - a penalty not exceeding a fine of $400.
(8) In any proceedings for an offence against sub-section (5) or (6), if all
the relevant facts and circumstances, other than the reason or intent of an
action alleged in the charge, are proved, it lies upon the person charged to
prove that that action was not actuated by that reason or taken with that
intent.
(9) For the purposes of this section, an action taken by -
(a) the committee of management of an organization;
(b) the committee of management of a branch of an organization;
(c) an officer, employee or agent of an organization;
(d) a group of members of an organization; or
(e) a member of an organization who performs the function of dealing with an
employer on behalf of himself and other members of the organization,
shall be deemed to have been taken by the organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 145
Resignation from membership of organization
SECT
145. (1) A member may resign his membership of an organization by notice in
writing if -
(a) being a member of an organization of employees in or in connection with
an industry, he ceases to be employed in or in connection with that industry
or, being a member of an organization of employees engaged in an industrial
pursuit or pursuits, he ceases to be engaged in that industrial pursuit or in
any of those industrial pursuits; or
(b) the notice is given not less than 3 months, or not less than such
shorter period as is specified in the rules of the organization, before the
resignation is to take effect and any requirement of those rules as to payment
of dues to the date on which the resignation is to take effect is complied
with.
(2) Notice in writing of resignation shall be addressed to an officer of the
organization, or of a branch of the organization, designated in the rules of
the organization and delivered to that officer.
(3) A notice of resignation that has been received by the organization is
not invalidated by reason of the fact that it has not been addressed and
delivered in accordance with sub-section (2).
(4) A resignation of membership of an organization is valid notwithstanding
that it is not effected in accordance with this section if the member is
informed in writing by or on behalf of the organization that the resignation
has been accepted.
(5) The rules of an organization shall make provision for enabling the
resignation of members in accordance with the preceding provisions of this
section but those rules may also make provision for permitting notice of
resignation to be effectively given otherwise than in accordance with
sub-sections (1) and (2).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 146
Organizations may sue and be sued
SECT
146. Subject to sub-section 136A (2), an organization may sue or be sued in
its registered name and service of any notice or process on the president,
chairman, or secretary, or at the registered office of the organization shall
be sufficient for all purposes.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 147
Protection to organizations
SECT
147. (1) Unless the contrary intention appears in this Act, no organization
or member of an organization shall be liable to be sued, or to be proceeded
against for a pecuniary penalty, except in the Court, for any act or omission
in respect of which the Court has jurisdiction.
(2) The jurisdiction of the Court under sections 140, 141, and 144 and Part
IX is exclusive of the jurisdiction, or any similar jurisdiction, of a State
industrial authority.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 148
Powers of organizations to recover fines, &c.
SECT
148. All fines fees levies or dues payable to an organization by any member
thereof under its rules may, in so far as they are owing for any period of
membership subsequent to the registration of the organization, be sued for and
recovered in the name of the organization in any Court of competent
jurisdiction constituted by a Police, Stipendiary, or Special Magistrate, or,
in the State of Tasmania, in a Court of Requests, as debts due to the
organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 149
Disputes between organization and its members
SECT
149. Every dispute between an organization and any of its members shall be
decided in the manner directed by the rules of the organization; and the Court
on the application of the trustees or other officers authorized to sue on
behalf of or in the name of the organization may order the payment by any
member of any fine, penalty, or subscription payable in pursuance of the rules
aforesaid, or any contribution to a penalty incurred or money payable by the
organization under an award or order; but no such contribution shall exceed
the sum of $20.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 150
Court may order that persons shall cease to be members of organizations
SECT
150. The Court may, on the application of any organization, made in the
manner prescribed, order that any member of an organization shall cease to be
a member thereof from a date and for a period to be named in the order.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 151
Act not to prevent transfer of shares
SECT
151. Nothing in this Act shall prevent a transfer of shares in any
registered company, or in any association which is, or is part of, an
organization, but no such transfer shall relieve the transferor from any
liability incurred by him under this Act up to the date of such transfer.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 152
Records to be kept and filed by organizations
SECT
152. (1) An organization shall keep, in accordance with this section the
following records:
(a) a register of its members, showing the name and postal address of each
member;
(b) a list of the names, postal addresses and occupations of the persons
holding offices in the organization and in each branch of the organization,
being offices specified in paragraph (a), (aa) or (b) of the definition of
"Office" in section 4; and
(c) such other records as are prescribed.
Penalty: $200 and, in addition, $50 for each week of default.
(2) An organization shall, within 3 months after the date upon which it
became registered, or within such longer time as the Registrar allows, file
with the Registrar a copy of the register of its members as at the quarter day
next preceding the date on which the copy is filed.
Penalty: $200 and, in addition, $50 for each week of default.
(3) An organization which has filed with the Registrar a copy of the
register of its members shall, during the month next following each quarter
day (commencing with the quarter day next following the date on which the copy
register was filed) file with the Registrar a statement giving, in respect of
the period of 3 months ending on that quarter day, particulars of the
alterations made in the register of its members.
Penalty: $200 and, in addition, $50 for each week of default.
(4) An organization shall file with the Registrar once in each year, at such
time as is prescribed, a copy of the records required to be kept under
paragraphs (1) (b) and (c), certified by statutory declaration by the
Secretary or other prescribed officer of the organization to be a correct
statement of the information contained therein.
Penalty: $200 and, in addition, $50 for each week of default.
(5) An organization shall, at all times during which a person is a member of
the organization, keep a duplicate or butt of the latest union ticket issued
to him, showing his name and usual place of residence and, if he is
temporarily living away from his usual place of residence on the date when the
ticket is issued to him, the place where he is so living at that date.
Penalty: $200.
(6) The Court, constituted by a single judge, may at any time order such
rectifications of the register of members of an organization, and of the copy
of the register kept by the Registrar, as it considers necessary.
(7) All documents filed with the Registrar under this section shall be made
available for inspection at the office of the Registrar as prescribed.
(8) Subject to the succeeding provisions of this section, the records
required by sub-section (1) to be kept by an organization shall be kept at the
office of the organization.
(9) A record referred to in sub-section (8) may, so far as it relates to a
branch of the organization, be kept in a separate part or section at the
office of the branch.
(9A) An organization may apply to the Registrar for permission to keep a
record referred to in sub-section (8), either wholly or to an extent specified
in the application, at specified premises of the organization or of a branch
of the organization in lieu of the office of the organization or of a branch
of the organization.
(9B) The Registrar may, in his discretion, by writing under his hand, grant
permission in accordance with an application under sub-section (9A) if he is
satisfied that the record, to the extent that it is kept at the premises
specified in the application -
(a) will be under the effective control of the organization or branch of the
organization; and
(b) will, in the case of a register of members, be available for inspection
in accordance with this section.
(9C) While a permission under sub-section (9B) is in force, a record
referred to in the permission may, to the extent specified in the permission,
be kept at the premises so specified.
(9D) A person authorized by the Registrar may inspect, and make copies of or
extracts from, the register of members of an organization or a part or section
of that register during such periods as the Registrar specifies during the
usual office hours observed at the office of the organization, or the office
of a branch of the organization, at which, or at premises in lieu of which,
the register, or ohe part or section, is kept, and an organization shall cause
its register of members, or each part or section of that register, to be at
all relevant times available for the purposes of this sub-section to persons
so authorized by the Registrar at the office or premises where the register,
part or section is kept.
Penalty: $200.
(10) The regulations may make provision with respect to the manner in which
records are to be kept for the purposes of this section, and the records shall
be deemed not to be duly kept unless they are kept in accordance with any such
regulations.
(11) In this section -
"quarter day" means the last day of the month of March, June, September or
December;
"union ticket" includes a receipt or other document acknowledging or
certifying that a person is a member or has renewed his membership of the
organization or has paid any dues or other moneys payable in respect of his
membership of the organization or the renewal of his membership.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 153
Exemptions from certain requirements
SECT
153. (1) Where the Registrar is satisfied that the register of members of an
organization, or the part or section of the register of members of an
organization that relates to a branch of the organization, is maintained in
such a form and manner that it would, for the purposes of the conduct of a
ballot or election in pursuance of this Act, provide in a convenient form
accurate particulars of the membership of the organization or of the branch,
as the case may be, he may issue to the organization a certificate exempting
the organization, wholly or in relation to the branch, from the application of
the provisions of sub-sections 152 (2), (3) and (5).
(2) While a certificate under sub-section (1) is in force -
(a) if the certificate exempts the organization wholly - the provisions
specified in that sub-section do not apply to the organization; or
(b) if the certificate exempts the organization in relation to a branch -
those provisions apply as if the part or section of the register of members of
the organization that relates to that branch did not form part of that
register, and as if the members of that branch were not members of the
organization.
(3) Where -
(a) it appears to the Registrar that the register, or the relevant part or
section of the register, of members of an organization to which a certificate
under this section has been issued is no longer maintained in such form and
manner as to justify the continuance in force of the certificate; or
(b) such an organization refuses or fails to give to the Registrar
information or facilities required by him for the purpose of deciding whether
the exemption should be continued,
he may revoke the certificate and shall give notice in writing of the
revocation to the organization.
(4) Where a certificate under this section in relation to an organization is
revoked, the organization shall, within one month after the first quarter day
(as defined by section 152) next following the revocation of the certificate,
or within such longer time as the Registrar allows, file with the Registrar a
copy, as at that quarter day, of its register of members or, where the
certificate was in relation to a branch, of the part or section of the
register of its members that relates to that branch.
Penalty: $200 and, in addition, $50 for each week of default.
(5) For the purposes of sub-section 152 (3), the filing of a copy of a part
or section of a register of members which is required by sub-section (4) of
this section to be filed shall be deemed to be the filing of a copy of the
register of members.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 153A
Organizations to notify particulars of bank accounts, &c.
SECT
153A. (1) An organization shall, as prescribed, lodge with the Registrar -
(a) the prescribed particulars of financial institutions with which deposits
of moneys of the organization or of a branch of the organization have been
made and the prescribed particulars in relation to those deposits; and
(b) the prescribed particulars of financial institutions in the custody of
which, or in safe deposits provided by which, moneys or negotiable securities
of the organization or of a branch of the organization have been deposited,
and the prescribed particulars in relation to that custody or those safe
deposits.
Penalty: $200 and, in addition, $50 for each week of default.
(2) The particulars that may be prescribed do not include particulars of the
amount or value of any moneys or negotiable securities or of the nature of any
negotiable securities, but do include particulars of the situation of places
of business of financial institutions at which accounts are maintained,
whether in the name of the organization or in another name, of the designation
of accounts or of the situation of safe deposits.
(3) Particulars delivered in accordance with this section shall be in
writing signed by an officer of the organization.
(4) An organization shall not deliver to the Registrar, for the purposes of
this section, particulars that are false or misleading, and an officer of an
organization shall not knowingly sign a document for delivery to the Registrar
in accordance with this section that is, to his knowledge, false or
misleading.
Penalty: $200.
(5) Sub-section 152 (7) does not apply to documents delivered in accordance
with this section.
(6) A reference in this section to the making of deposits with a financial
institution shall be read as a reference to the making of a loan to that
financial institution by way of deposit of moneys for a term or to the credit
of a current account.
(7) In this section "financial institution" means -
(a) a bank; or
(b) any person carrying on business in the course of which -
(i) he receives money lent to him by way of deposit for a term or to
the credit of a current account; or
(ii) he provides safe deposits.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 153B
Organizations to notify particulars of loans, grants and donations
SECT
153B. (1) An organization shall, as soon as practicable after the end of
each financial year, lodge with the Registrar a statement showing the relevant
particulars in relation to each loan, grant or donation of an amount exceeding
$1,000 made by the organization during that financial year.
Penalty: $200.
(2) A statement lodged with the Registrar in accordance with sub-section (1)
shall be signed by an officer of the organization.
(3) An organization shall not lodge with the Registrar, for the purposes of
this section, a statement that is false or misleading, and an officer of an
organization shall not knowingly sign a statement for lodgment with the
Registrar in accordance with this section that is, to his knowledge, false or
misleading.
Penalty: $200.
(4) A statement lodged with the Registrar by an organization in accordance
with sub-section (1) may be inspected at the office of the Registrar, during
office hours, by a member of that organization.
(5) The relevant particulars, in relation to a loan made by an organization,
are -
(a) the amount of the loan;
(b) the purpose for which the loan was required;
(c) the security given in respect of the loan; and
(d) except where the loan was made to relieve a member of the organization,
or a dependant of a member of the organization, from severe financial hardship
- the name and address of the person to whom the loan was made and the
arrangements made for the repayment of the loan.
(6) The relevant particulars, in relation to a grant or donation made by an
organization, are -
(a) the amount of the grant or donation;
(b) the purpose for which the grant or donation was made; and
(c) except where the grant or donation was made to relieve a member of the
organization, or a dependant of a member of the organization, from severe
financial hardship - the name and address of the person to whom the grant or
donation was made.
(7) In this section, "financial year", in relation to an organization, means
-
(a) the period of 12 months commencing on 1 July in any year and ending on
30 June in the following year; or
(b) such other period of 12 months as is provided by the rules of the
organization.
(8) Where an organization is divided into branches -
(a) this section applies to, and in relation to, the organization as if
loans, grants or donations made by a branch of the organization were not made
by the organization; and
(b) this section applies to, and in relation to, each of the branches as if
the branch were itself an organization.
(9) For the purposes of the application of this section in accordance with
sub-section (8) to or in relation to a branch of an organization, the members
of the organization constituting the branch shall be deemed to be members of
the branch.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 155
Certificate as to membership of organization
SECT
155. A certificate of the Registrar that a specified person was at a
specified time a member or officer of a specified organization or of a
specified branch of an organization shall, in all courts and proceedings, be
prima facie evidence that the facts are as stated.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 156
List of members and officers to be evidence
SECT
156. A list of the members and officers of an organization or association or
of a branch of an organization or association filed with the Registrar on
behalf of the organization or association, or a copy of any such list
certified by the Registrar, shall be evidence that the persons named in the
list were, at the date when the list was filed, members and officers of the
organization or the association or of the branch, and that those officers were
duly appointed.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 157
Rules to be evidence
SECT
157. In all proceedings under this Act a copy of the rules of an
organization certified by the Registrar to be a true and correct copy shall be
prima facie evidence of the rules of that organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158
Unauthorized collection of moneys
SECT
158. (1) A person shall not, either expressly or by implication, falsely
represent that he is authorized to collect money on behalf of an organization.
(2) A person shall not, unless he has lawful authority (proof whereof shall
lie upon him), collect money on behalf of an organization.
Penalty: $400.
CONCILIATION AND ARBITRATION ACT 1904 - PART VIIIAA
PART VIIIAA - ACCOUNTS AND AUDIT IN RESPECT OF
REGISTERED ORGANIZATIONS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AA
Interpretation
SECT
158AA. (1) In this Part, unless the contrary intention appears -
"accounting records", in relation to an organization, includes books of
account and such working papers and other documents as are necessary to
explain the methods and calculations by which the accounts of the organization
are made up;
"auditor", in relation to an organization, means -
(a) the person who is the holder of the office of auditor referred to
in section 158AE; or
(b) where a firm is the holder of that office - each person who,
from time to time, is a member of that firm and is a competent person within
the meaning of section 158AE;
"financial year", in relation to an organization, means -
(a) the period of 12 months commencing on 1 July in any year and
ending on 30 June in the following year; or
(b) such other period of 12 months as is provided by the rules of the
organization.
(2) Notwithstanding sub-section (1), where, in accordance with paragraph (b)
of the definition of "financial year" in that sub-section, the rules of an
organization change the period constituting the financial year in relation to
the organization, the period between the commencement of the first financial
year as so changed and the end of the last preceding financial year shall, for
the purposes of this Part, be deemed to be a financial year.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AAA
Application of Part with respect to organizations divided into branches
SECT
158AAA. (1) Where an organization is divided into branches -
(a) this Part (other than this section, sub-section 158AG (4) and section
158AHA) applies to, and in relation to, the organization as if the financial
affairs (including transactions) of a branch did not form part of those of the
organization; and
(b) this Part (other than this section, sub-section 158AG (4) and section
158AHA) applies to, and in relation to, each of the branches as if the branch
were itself an organization.
(2) For the purposes of the application of this Part in accordance with
paragraph (1) (b), to, or in relation to, a branch of an organization -
(a) the members of the organization constituting the branch shall be deemed
to be members of the branch;
(b) any employees of the organization employed in connection with the branch
(whether or not they are also employed in connection with any other branch or
branches) shall be deemed to be employees of the branch; and
(c) any journal published by the organization shall be deemed to be a
journal published by the branch.
(3) If, upon application by an organization divided into branches, the
Registrar is satisfied -
(a) that the committee of management of the organization has, by the rules
of the organization, or by established practice not inconsistent with the
rules, the management and control of the assets of the organization (including
assets of the branches of the organization) or otherwise has effective control
over the financial management of the organization; and
(b) that, if sub-sections (1) and (2) did not apply in relation to the
organization, it would be able to comply with the requirements of this Part,
he may issue to the organization a certificate to that effect, and, unless and
until the certificate is revoked under sub-section (4), sub-sections (1) and
(2) do not apply in relation to the organization.
(4) The Registrar may at any time, by notice in writing, revoke a
certificate issued to an organization under sub-section (3) if he ceases to be
satisfied, in relation to the organization, as to the matters referred to in
that sub-section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AB
Application
SECT
158AB. (1) This Part, in its application in relation to an organization,
applies with respect to the first financial year in relation to the
organization that commences on or after the date of commencement of this Part,
and to all subsequent financial years in relation to the organization.
(2) In the application of this section, at any time after the commencement
of this Part, to or in relation to an organization that was not an
organization at the commencement of this Part, the reference in sub-section
(1) to the date of commencement of this Part shall be read as a reference to
the date on which the organization became an organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AC
Organization to keep proper accounting records
SECT
158AC. (1) An organization shall -
(a) keep such accounting records as correctly record and explain the
transactions and financial position of the organization, including such
records as are prescribed;
(b) keep its accounting records in such a manner ss will enable accounts and
statements to be prepared from them in accordance with section 158AD; and
(c) keep its accounting records in such a manner as will enable the accounts
of the organization to be conveniently and properly audited in accordance with
this Part.
(1A) Accounting records of an organization may, in so far as they relate to
the income and expenditure of the organization, be kept on a cash basis or on
an accrual basis, at the option of the organization.
(1B) If an organization keeps the accounting records referred to in
sub-section (1) on an accrual basis, it may, if it so wishes, keep the
accounting records for its membership subscription separately on a cash basis.
(2) An organization shall retain the accounting records kept under
sub-section (1) for a period of 7 years after the completion of the
transactions to which they relate.
Penalty: $1,000.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AD
Organization to prepare accounts, &c.
SECT
158AD. (1) As soon as practicable after the end of each financial year, an
organization shall cause to be prepared from the accounting records kept by
the organization, in accordance with sub-section 158AC (1), in respect of that
financial year, such accounts and other statements, in respect of that
financial year, as are prescribed, and shall include in the accounts so
prepared (not being accounts prepared in respect of the first financial year
in relation to the organization to which this Part applies) the relevant
figures from the accounts prepared by the organization, in accordance with
this sub-section, in respect of the preceding financial year.
Penalty: $1,000.
(2) The regulations may make provision for and in relation to the giving of
certificates in, or in relation to, accounts or other statements prepared in
accordance with sub-section (1).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158ADA
Information to be provided to members or Registrar
SECT
158ADA. (1) An organization shall, on the application of a member of the
organization, or of the Registrar, made as prescribed, make available to the
member or to the Registrar, as the case may be, in such manner and within such
time as is prescribed, such information concerning the organization, being
information of a prescribed kind, as is requested in the application.
Penalty: $1,000.
(2) The Registrar shall not make an application under sub-section (1) except
at the request of a member of the organization concerned, and the Registrar,
when he receives information as a result of an application made at the request
of such a member, shall furnish that information to that member.
(3) Any accounts prepared in accordance with section 158AD shall include a
notice drawing attention to the provisions made by sub-sections (1) and (2)
and setting out a copy of those sub-sections.
Penalty for any contravention of this sub-section: $1,000.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AE
Auditors of organizations
SECT
158AE. (1) An organization shall ensure that there is an auditor of the
organization holding office at any time when such an auditor is required for
the purposes of the operation of this Part in relation to the organization.
Penalty: $1,000.
(1A) An auditor referred to in sub-section (1) shall be a competent person
or a firm at least one of whose members is a competent person.
(1B) A person shall not accept appointment of himself, or of a firm of which
he is a member, as auditor of an organization unless he or a member of the
firm, as the case may be, is a competent person.
Penalty: $500.
(1C) An auditor of an organization, being the holder of the office of
auditor of the organization, shall resign his appointment as such auditor if
he ceases to be a competent person.
Penalty: $500.
(1D) An auditor of an organization, being a member of a firm that is the
holder of the office of auditor of the organization, shall take whatever steps
are open to him to ensure that the firm resigns its appointment as such
auditor if he ceases to be a competent person and he becomes aware that no
other member of the firm is a competent person.
Penalty: $500.
(2) An auditor shall use his best endeavours to comply with the requirements
of this Part that are applicable to him in his capacity as auditor, not being
a requirement set out in another provision of this Part that provides for a
penalty for its contravention.
Penalty: $500.
(3) The regulations may provide that a person is not a competent person for
the purposes of sub-section (1A) in relation to all or any organizations
unless he is included in a prescribed class of persons.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AF
Powers and duties of auditors
SECT
158AF. (1) An auditor of an organization shall inspect and audit the
accounting records kept by the organization in respect of each financial year
and shall, within the prescribed period after the end of that year, make a
report in respect of that year to the organization.
(3) An auditor or a person authorized by an auditor for the purposes of this
sub-section is entitled at all reasonable times to full and free access to all
accounts, records, documents and papers of the organization relating directly
or indirectly to the receipt or payment of moneys, or to the acquisition,
receipt, custody or disposal of assets, by the organization and is entitled to
seek from any officer of the organization such information and explanations as
he desires for the purposes of the audit.
(4) Where an auditor authorizes a person for the purposes of sub-section
(3), the auditor shall serve, by post, on the organization a notification
accordingly setting out the name and address of the person.
(5) An auditor shall, in a report under this section, in respect of a
financial year, state -
(a) whether in his opinion -
(i) there were kept by the organization in respect of that financial
year satisfactory accounting records, including -
(A) records of the sources and nature of the income of the
organization (including income from members); and
(B) records of the nature and purposes of the expenditure of
the organization; and
(ii) the accounts and statements prepared in accordance with
section 158AD from the accounting records of the organization kept in respect
of that financial year were properly drawn up so as to give a true and fair
view of -
(A) the financial affairs of the organization as at the end of
that financial year; and
(B) the income and expenditure, and any surplus or deficit,
of the organization for that financial year; and
(b) whether all the information and explanations that, under sub-section
(3), he required officers of the organization to furnish were furnished,
and, in addition, he shall state in that report particulars of any deficiency,
failure or shortcoming in respect of any matter referred to in paragraph (a)
or (b).
(6) An auditor shall not, in a report made in accordance with sub-section
(5), make a statement that, to his knowledge, is false or misleading in a
material particular.
Penalty: $500.
(7) If -
(a) an auditor, in the course of the performance of his duties as auditor of
an organization, becomes aware that there has been a breach or non-observance
of any of the provisions of this Act or the regulations; and
(b) the auditor is of the opinion that the matter cannot be adequately dealt
with by comment in his report,
he shall forthwith report the matter, in writing, to the Registrar.
Penalty for a contravention of this sub-section: $500.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AFA
Fees and expenses of auditors
SECT
158AFA. An organization shall pay the reasonable fees and expenses of an
auditor of the organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AFB
Removal of auditor from office
SECT
158AFB. An auditor of an organization shall not be removed from office
during the term of appointment of the auditor except -
(a) where the auditor was appointed by the committee of management of the
organization - by resolution passed at a meeting of that committee by an
absolute majority of the members of that committee; or
(b) where the auditor was appointed by a general meeting of the members of
the organization - by resolution passed at such a general meeting by a
majority of the members of the organization voting at that meeting.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AG
Copies of report and audited accounts to be supplied to members and
presented to meetings
SECT
158AG. (1) An organization shall, within 56 days (or such longer period as
the Registrar allows) after the making to the organization of the report of
the auditor with respect to his inspection and audit of the accounting records
kept by the organization in respect of a financial year, supply free of charge
to the members of the organization a copy of that report, together with copies
of the accounts and statements prepared in accordance with section 158AD to
which that report relates.
(1A) If in accordance with the rules of an organization, the committee of
management of the organization resolves to supply to the members of the
organization a summary of the report, accounts and statements referred to in
sub-section (1), the organization may comply with sub-section (1) by supplying
free of charge to the members of the organization a copy of such a summary, if
-
(a) the organization has filed with the Registrar a copy of the summary;
(b) the auditor has certified that the summary is, in his opinion, a fair
and accurate summary of the report, accounts and statements;
(c) the summary contains a statement to the effect that the organization
will supply free of charge a copy of the report, accounts and statements to
any member who so requests; and
(d) where particulars of a deficiency, failure or shortcoming in respect of
a matter referred to in sub-section 158AF (5) are set out in the report - the
summary contains those particulars.
(2) An organization that -
(a) fails to comply with sub-section (1); or
(b) has not supplied the report, accounts and statements referred to in
sub-section (1) to a member of the organization within 14 days after the
receipt by the organization of a request by the member made in pursuance of
paragraph (1A) (c) (in this sub-section referred to as the "relevant
period"),
is guilty of an offence against that sub-section punishable, upon conviction,
by a fine not exceeding $500 plus $50 for each completed week of the period
commencing on the expiration of -
(c) in a case referred to in paragraph (a) - the period within which the
documents to which the offence relates were required to be supplied; or
(d) in a case referred to in paragraph (b) - the relevant period,
and ending on -
(e) if the organization supplied the documents to which the offence relates
before the day on which the organization is convicted - the day on which the
documents were so supplied; or
(f) in any other case - the day on which the organization is convicted.
(3) Where an organization publishes a journal of the organization that is
available to the members of the organization free of charge, the organization
may comply with sub-section (1) by publishing in that journal the report,
accounts and statements referred to in that sub-section, or the summary
referred to in sub-section (1A).
(4) Where a branch of an organization publishes a journal of the branch that
is available to the members of the branch free of charge, the organization may
comply with sub-section (1) in respect of those members by publishing in the
journal the report, accounts and statements referred to in that sub-section or
the summary referred to in sub-section (1A).
(4A) Subject to sub-section (4B), an organization shall cause the report,
accounts and statements referred to in sub-section (1) to be presented -
(a) within the period (in this sub-section referred to as the "relevant
period") commencing on the eighth day after the report, accounts and
statements are, or the summary referred to in sub-section (1A) is, supplied to
the members and ending on the expiration of the period of 28 days (or such
longer period as the Registrar allows) after the expiration of the period
referred to in sub-section (1) - to a general meeting of the members of the
organization or a meeting of the committee of management of the organization;
or
(b) if such a meeting is not due to be held within the relevant period - to
the next meeting of the committee of management held after the relevant
period.
(4B) Where -
(a) the report of an auditor to an organization sets out particulars of a
deficiency, failure or shortcoming in respect of a matter referred to in
sub-section 158AF (5); and
(b) neither a general meeting of the members of the organization nor a
meeting of the committee of management of the organization is due to be held
within the relevant period referred to in paragraph (4A) (a),
the organization shall, within that period, cause the report, accounts and
statements referred to in sub-section (1) to be presented to a meeting of the
committee of management of the organization convened for the purpose.
(5) An organization that fails to comply with sub-section (4A) or (4B),
whichever is applicable, is guilty of an offence against that sub-section
punishable, upon conviction, by a fine not exceeding $500 plus $50 for each
completed week of the period commencing on the expiration of the period within
which the documents to which the offence relates were required to be presented
and ending on -
(a) if the organization presented the documents to which the offence relates
before the day on which the organization is convicted - the day on which the
documents were so presented; or
(b) in any other case - the day on which the organization is convicted.
(6) Where a member of the committee of management of an organization -
(a) supplies to the members of the organization;
(b) publishes in a journal of the organization; or
(c) presents to a general meeting of the members of the organization or to a
meeting of the committee of management of the organization,
comments on any matter dealt with in the report, accounts or statements
referred to in sub-section (1), or in the summary referred to in sub-section
(1A), he shall not, in those comments, make a statement that, to his
knowledge, is false or misleading in a material particular.
Penalty: $500.
(7) Sub-section (6) applies in relation to a member of the committee of
management of an organization whether the comments concerned were made by him
acting alone or were made by him and another person or other persons acting
jointly.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AH
Copies of reports, &c., to be filed with Registrar
SECT
158AH. (1) An organization shall, within 14 days (or such longer period as
the Registrar allows) after the date of the relevant meeting referred to in
sub-section 158AG (4A) or (4B), whichever is applicable, file with the
Registrar copies of the report, accounts and statements presented to that
meeting in accordance with that sub-section together with a certificate by the
secretary, or other prescribed officer, of the organization that the documents
so filed are copies of the documents that were so presented to that meeting.
(2) An organization that fails to comply with sub-section (1) is guilty of
an offence against that sub-section punishable, upon conviction, by a fine not
exceeding $500 plus $50 for each completed week of the period commencing on
the expiration of the period within which the documents to which the offence
relates were required to be filed and ending on -
(a) if the organization filed the documents to which the offence relates
before the day on which the organization is convicted - the day on which the
documents were so filed; or
(b) in any other case - the day on which the organization is convicted.
(3) Subject to sub-section (3A), where -
(a) the documents filed with the Registrar under sub-section (1) include a
report of an auditor setting out particulars of any deficiency, failure or
shortcoming in respect of any matter referred to in paragraph 158AF (5) (a) or
(b); or
(b) for any other reason, the Registrar considers that any matter revealed
in the documents should be investigated,
the Registrar shall investigate that deficiency, failure or shortcoming or
that matter, as the case may be.
(3A) The Registrar is not required by sub-section (3) to investigate a
deficiency, failure or shortcoming referred to in paragraph (3) (a) if -
(a) it consists solely of the fact that the organization has kept accounting
records for its membership subscriptions separately on a cash basis as
provided in sub-section 158AC (1B); or
(b) after consultation with the organization and the auditor, he is
satisfied that the deficiency, failure or shortcoming is trivial or will be
remedied in the succeeding financial year.
(3B) Where, having regard to matters that have been brought to notice in the
course of, or as a result of, an investigation under sub-section (3), the
Registrar forms the opinion that there are grounds for investigating the
finances or the financial administration of the organization concerned, the
Registrar may make such an investigation.
(4) Where the documents have been filed with the Registrar under sub-section
(1), members of the organization concerned (not being less in number than 250
or than a number equal to 5% of the members of that organization, whichever is
the lesser number) may request the Registrar to investigate the finances and
the financial administration of the organization.
(5) On receipt of a request under sub-section (4), the Registrar shall
investigate the finances and the financial administration of the organization
concerned.
(6) For the purpose of making an investigation under sub-section (3), (3B)
or (5), the Registrar may, by notice in writing, require an officer or
employee of the organization concerned -
(a) to furnish the Registrar with such information relevant to that
investigation as the Registrar may require in the notice; or
(b) to attend before the Registrar, so that the Registrar may put to the
person a question concerning any matter relevant to that investigation and to
produce to the Registrar all books, documents and papers in his custody or
under his control relating to that matter.
(7) A person shall not -
(a) refuse or fail, without reasonable excuse -
(i) to attend before the Registrar in accordance with a
requirement under sub-section (6); or
(ii) to produce any book, document or paper that he is required to
produce under sub-section (6);
(b) in purported compliance with a requirement under sub-section (6),
furnish the Registrar with information that, to the knowledge of the person,
is false or misleading in any particular; or
(c) when attending before the Registrar in accordance with a requirement
under sub-section (6), make to the Registrar a statement, whether oral or in
writing that to the knowledge of the person so attending, is false or
misleading in any particular,
but a person is not guilty of an offence against this sub-section by reason
only of refusing or failing to answer a question.
Penalty: $500.
(8) Where, at the conclusion of an investigation under sub-section (3), (3B)
or (5), the Registrar is satisfied that an organization has contravened -
(a) sub-section (1) of this section or any other provision of this Act or a
provision of the regulations; or
(b) any rule of the organization relating to the finances or financial
administration of the organization,
the Registrar shall notify the organization accordingly and shall include in
the notification a request that the organization take such action, within a
period specified in the notification, to rectify the matter as is set out in
the notification.
(9) Where the Registrar has given a notification to an organization under
sub-section (8), the Registrar shall not take proceedings under this Act or
the regulations against the organization in relation to any matter the subject
of the notification unless the organization has refused or failed to comply
with the request made in the notification.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AHA
Organization may submit accounts, &c., of all branches
SECT
158AHA. (1) The rules of a relevant branch of a relevant organization may
provide that this section applies in relation to the branch or otherwise
provide for the relevant documents of the branch to be filed in accordance
with sub-section (2), and where the rules of each relevant branch of the
organization so provide and the financial years in relation to all those
branches end on the same date -
(a) the following provisions of this section apply in relation to the
organization; and
(b) subject to sub-section (4), sub-sections 158AH (1) and (2) do not apply
to a relevant branch of the organization.
(2) The organization shall, within 14 days (or such longer period as the
Registrar allows) after the relevant day, file with the Registrar copies of
the relevant documents of each relevant branch of the organization that were
presented to a meeting of the committee of management, or general meeting of
members, of the branch in accordance with sub-section 158AG (4A) or (4B),
whichever is applicable, together with a certificate by the secretary, or
other prescribed officer, of the branch that the documents so filed are copies
of the relevant documents so presented.
(3) Where the organization fails to comply with sub-section (2), each
relevant branch of the organization shall, within 14 days (or such longer
period as the Registrar allows) after the expiration of the period referred to
in that sub-section, file with the Registrar copies of the relevant documents
of the branch that were presented to a meeting of the committee of management,
or general meeting of members, of the branch in accordance with sub-section
158AG (4A) or (4B), whichever is applicable, together with a certificate by
the secretary, or other prescribed officer, of the branch that the documents
so filed are copies of the relevant documents so presented.
(4) If sub-section (3) applies to a relevant branch of the organization,
sub-section 158AH (2) applies to the branch as if the reference in sub-section
158AH (2) to sub-section 158AH (1) were a reference to sub-section (3) of this
section.
(5) Sub-sections 158AH (3) to (9) (inclusive) apply in relation to a
relevant branch of the organization as if the references in those sub-sections
to documents filed with the Registrar under sub-section 158AH (1) were
references to relevant documents in relation to the branch filed -
(a) where sub-section (3) of this section does not apply in relation to the
branch - by the organization under sub-section (2) of this section; or
(b) where sub-section (3) of this section applies in relation to the branch
- by the branch under that sub-section.
(6) In this section, unless the contrary intention appears -
"relevant branch", in relation to a relevant organization, means each part
of an organization to which this Part (other than this section, section 158AAA
and sub-section 158AG (4)) applies by virtue of paragraph 158AAA (1) (a) or
(b) not being, in relation to a particular financial year, a part of the
organization in relation to which a certificate has been issued under
sub-section 158AN (1) in relation to that year;
"relevant day", in relation to a relevant organization, means the day on
which relevant documents in relation to a relevant branch of the organization
in respect of a financial year are presented to a general meeting of the
members, or committee of management, of the branch in accordance with
sub-section 158AG (4A) or (4B), whichever is applicable, being a day on or
before which relevant documents in respect of that financial year are or have
been so presented by each of the other relevant branches of the organization;
"relevant documents", in relation to a relevant branch, means the report,
accounts and statements referred to in sub-section 158AG (1);
"relevant organization", means an organization that is divided into
branches, not being an organization in relation to which a certificate issued
by the Registrar under sub-section 158AAA (3) is in force.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AJ
Organization to forward notices, &c., to auditor
SECT
158AJ. An organization shall forward to an auditor any notice of, and any
other communication relating to, a meeting of an organization, or of the
committee of management of an organization, at which the report of the auditor
or any accounts or statements to which that report relates, are to be
presented, being a notice or other communication that a member of the
organization or of the committee of management of the organization would be
entitled to receive.
Penalty: $1,000.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AK
Auditor entitled to attend meetings at which report presented
SECT
158AK. (1) An auditor or a person authorized by him for the purposes of this
section is entitled to attend, and to be heard at, any part of a meeting of an
organization, or of the committee of management of an organization, at which
-
(a) the report of the auditor, or any accounts or statements to which the
report relates, are to be presented or considered; or
(b) any other business of the meeting that concerns the auditor or person in
his capacity as auditor or as a person authorized by the auditor, as the case
may be, is to be conducted.
(3) Where an auditor authorizes a person for the purposes of this section,
the auditor shall serve, by post, on the organization a notification
accordingly setting out the name and address of the person.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AL
Offences in relation to obstruction, &c., of auditors
SECT
158AL. (1) An officer, an employee or a member, of an organization shall not
-
(a) hinder, obstruct or prevent an auditor from taking any action in the
exercise of his right to full and free access to any accounts, records,
documents or papers conferred on him by sub-section 158AF (3); or
(b) refuse or fail, without reasonable excuse, to produce to an auditor any
book, document or paper in the custody, or under the control, of the officer
or member that is sought from him by the auditor in pursuance of the right
conferred on the auditor by sub-section 158AF (3),
but a person is not guilty of an offence against this sub-section by reason
only of refusing or failing to answer a question.
Penalty: $250.
(2) In sub-section (1), "auditor" includes a person authorized by an auditor
for the purposes of sub-section 158AF (3).
(3) An officer, an employee or a member, of an organization shall not
hinder, obstruct or prevent an auditor, or a person authorized by an auditor
for the purposes of section 158AK, from attending a part of a meeting that the
auditor or the person so authorized is entitled to attend in accordance with
that section.
Penalty: $250.
(4) Where an auditor, or a person authorized by an auditor for the purposes
of section 158AK -
(a) attends a part of a meeting that he is entitled to attend in accordance
with that section; and
(b) in the course of that part of a meeting, indicates to the chairman of
that meeting that he wishes to be heard in pursuance of the right conferred on
him by that section,
the chairman shall, as soon as practicable after having received that
indication, afford to the person an opportunity to be so heard.
Penalty: $250.
(5) It is a defence to a charge for an offence against a sub-section of this
section if the person charged proves that he did not know, and could not
reasonably have known, that the auditor, or the person authorised by an
auditor, to whom the charge relates was a person to whom the sub-section
applied.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AM
Auditors and other persons to enjoy qualified privilege in certain
circumstances
SECT
158AM. (1) An auditor is not, in the absence of malice on his part, liable
to an action for defamation at the suit of a person in respect of a statement
that he makes in the course of his duties as auditor, whether the statement is
made orally or in writing.
(2) A person is not, in the absence of malice on his part, liable to an
action for defamation at the suit of a person in respect of the publishing of
a document prepared by an auditor in the course of his duties as auditor and
required by or under this Act to be filed with the Registrar.
(3) This section does not limit or affect any right, privilege or immunity
that a defendant has in an action for defamation.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158AN
Accounts and audit where income of organization less than specified amount
SECT
158AN. (1) If, upon the application of an organization made after the end of
a financial year, the Registrar is satisfied that the income of the
organization for that year did not exceed $10,000 or, in the case of a
financial year that, in pursuance of sub-section 158AA (2), is a period other
than 12 months, did not exceed such amount as the Registrar considers
appropriate in the circumstances, the Registrar shall issue to the
organization a certificate to that effect, and, where such a certificate is
issued in respect of an organization in relation to a financial year -
(a) the following provisions of this section apply in relation to the
organization in relation to that financial year;
(b) except as provided in paragraph (c), the provisions of this Part
continue to apply in relation to the organization in relation to that
financial year; and
(c) the provisions of sections 158AD and 158AG (other than sub-sections (5),
(6) and (7) of section 158AG) and sub-section 158AH (1) do not apply in
relation to the organization in relation to that financial year.
(2) The provisions of this Part (other than this section) apply to the
organization in relation to the financial year as if -
(a) a reference to accounts and statements prepared or to be prepared in
accordance with section 158AD were a reference to accounts and statements
prepared in accordance with sub-section (3) of this section;
(b) the reference in sub-section 158ADA (3) to accounts prepared in
accordance with section 158AD were a reference to accounts prepared in
accordance with sub-section (3) of this section;
(c) the reference in sub-section 158AG (5) to sub-section 158AG (4A) or (4B)
were a reference to sub-section (5) of this section;
(d) the reference in sub-section 158AG (6) to sub-section 158AG (1) were a
reference to sub-section (5) of this section; and
(e) the reference in sub-section 158AH (2), (3) and (4) to sub-section 158AH
(1) were a reference to sub-section (8) of this section.
(3) As soon as practicable after the issue of the certificate under
sub-section (1), the organization shall cause to be prepared from the
accounting records kept by the organization in accordance with sub-section
158AC (1), in respect of the financial year, such accounts and other
statements in respect of the financial year as are prescribed, and shall
include in the accounts so prepared the relevant figures from the accounts
prepared by the organization, in accordance with this sub-section or
sub-section 158AD (1), whichever is applicable, in respect of the preceding
financial year.
Penalty: $1,000.
(4) The regulations may make provision for and in relation to the giving of
certificates in, or in relation to, accounts or other statements prepared in
accordance with sub-section (3).
(5) After the making to the organization of the report of the auditor under
section 158AF with respect to the auditor's inspection and audit of the
accounting records kept by the organization in respect of the financial year
and before the end of the financial year immediately following that financial
year, the organization shall cause a copy of that report, together with copies
of the accounts and statements prepared in accordance with sub-section (3) to
which that report relates, to be presented to a meeting of the members of the
organization.
(6) An organization shall supply free of charge a copy of the report,
accounts and statements referred to in sub-section (5) to any member of the
organization who so requests.
(7) An organization that has not supplied the report, accounts and
statements referred to in sub-section (5) to a member of the organization
within 14 days after the receipt by the organization of a request by the
member made in pursuance of sub-section (6) (in this sub-section referred to
as the "relevant period") is guilty of an offence against that sub-section
punishable, upon conviction, by a fine not exceeding $500 plus $50 for each
completed week of the period commencing on the expiration of the relevant
period and ending on -
(a) if the organization supplied the documents to which the offence relates
before the day on which the organization is convicted - the day on which the
documents were so supplied; or
(b) in any other case - the day on which the organization is convicted.
(8) The organization shall, within 90 days (or such longer period as the
Registrar allows) after the making to the organization of the report under
section 158AF, file with the Registrar copies of the report and the accounts
and statements referred to in sub-section (5) of this section together with a
certificate by the Secretary, or other prescribed officer, of the organization
that the information contained in the accounts and statements is correct.
CONCILIATION AND ARBITRATION ACT 1904 - PART VIIIA
PART VIIIA - AMALGAMATION OF ORGANIZATIONS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158A
Interpretation
SECT
158A. In this Part, unless the contrary intention appears -
"alternative amalgamation", in relation to a scheme that contains an
alternative provision, means an amalgamation that may be made in pursuance of
that provision;
"alternative provision" means a provision referred to in sub-section 158F
(1A);
"amalgamation" means the carrying out of arrangements in relation to 2 or
more organizations under which it is intended that -
(a) an organization is, or 2 or more organizations are, to be
de-registered at the request of the organization or organizations;
(b) members of the organization or organizations to be
de-registered are to become members of another organization (whether an
existing or proposed organization);
(c) property of the organization or organizations to be
de-registered is to become the property of that other organization; and
(d) liabilities of the de-registered organization or organizations are
to be satisfied by that other organization;
"de-registering organization", in relation to an amalgamation, means an
organization that is, under the amalgamation, to be de-registered;
"de-registration", in relation to an organization, means cancellation of the
registration of the organization, and de-registered has a corresponding
meaning;
"proposed amalgamation" does not include an alternative amalgamation;
"the amalgamated organization", in relation to an amalgamation, means the
organization or proposed organization of which members of the de-registering
organization or organizations are to become members.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158B
Duty of Registrar where amalgamation proposed
SECT
158B. Notwithstanding anything contained in this Act, the Registrar shall
not, otherwise than in accordance with this Part, perform any act, including
-
(a) the de-registration of an organization;
(b) the registration of an organization; and
(c) the giving of consent to a change in the name of an organization or to
an alteration to the rules of an organization so far as they relate to
conditions of eligibility for membership or the description of the industry in
connection with which the organization is registered,
where it appears to him that the performance of that act by him is sought for
the purposes of an amalgamation.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158C
Prescribed procedure to be followed
SECT
158C. For the purposes of an amalgamation, the procedure provided by the
succeeding provisions of this Part shall be followed.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158D
Committee to pass resolutions
SECT
158D. The committee of management of each existing organization concerned in
a proposed amalgamation shall pass a resolution proposing amalgamation of the
organization with the other existing organization or organizations concerned.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158E
Formation of new association
SECT
158E. If a proposed amalgamation involves the registering of an
organization, the association that is to become registered as that
organization shall be formed and that association shall, as regards its rules
and all other matters, comply with the requirements of this Act and the
regulations that are applicable to associations applying for registration.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158F
Scheme of amalgamation to be submitted
SECT
158F. (1) Subject to compliance with the preceding provisions of this Part,
the existing organizations concerned in a proposed amalgamation, and the
association, if any, referred to in section 158E, shall jointly submit to the
Industrial Registrar a scheme in writing for the amalgamation, which shall set
out, in accordance with the regulations, particulars of the amalgamation, and
shall be accompanied by a copy of -
(a) the rules of any association that is to be registered as an
organization; and
(b) any proposed alterations of the rules of an existing organization,
and apply for the approval of the Industrial Registrar under section 158J to
the amalgamation.
(1A) A scheme for a proposed amalgamation in which 3 or more existing
organizations (in this sub-section referred to as "those organizations") are
concerned may, with the approval, by resolution, of the committee of
management of each of those organizations, contain a provision to the effect
that, if the members of any of those organizations do not approve the proposed
amalgamation, but, in the case of some of those organizations (including,
where one of those organizations is a party to the amalgamation otherwise than
as a de-registering organization, that organization), the members of each of
them approve both the proposed amalgamation and the amalgamation of their
organization with any other of those organizations, there may be an
amalgamation involving the organizations the members of which so give their
approval.
(1B) Where a scheme for a proposed amalgamation contains an alternative
provision -
(a) the particulars required by sub-section (1) to be set out in the scheme
in accordance with the regulations are -
(i) particulars of the proposed amalgamation; and
(ii) particulars of the differences between that amalgamation and
each alternative amalgamation, including the differences in any rules referred
to in paragraph (1) (a) and in any proposed alterations referred to in
paragraph (1) (b); and
(b) the copy of any rules and alterations required by sub-section (1) to
accompany the scheme is a copy of only those rules and alterations that would
apply if the proposed amalgamation were to proceed.
(2) The organizations making the application may, with the consent of the
Industrial Registrar, amend the scheme.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158FA
Declaration that amalgamation in public interest
SECT
158FA. (1) On the application of the existing organizations concerned in a
proposed amalgamation, being an application made on the same day as the
application under section 158F for approval to the amalgamation, a Full Bench
may, if it is satisfied that -
(a) the amalgamation would further the objects of this Act; and
(b) there is a community of interest between those organizations in respect
of their industrial interests,
declare that the amalgamation is in the public interest and in the industrial
interests of those organizations.
(2) A Full Bench shall be satisfied, for the purposes of paragraph (1) (b),
that there is a community of interest between organizations of employees in
respect of their industrial interests if it is satisfied that a substantial
number of the members of each of the organizations are -
(a) eligible to become members of the other organization or each of the
other organizations, as the case may be;
(b) engaged in the same work, in aspects of the same work or in similar
work;
(c) bound by the same awards;
(d) employed in the same or related work by employers engaged in the same
industry; or
(e) engaged in work, or in industries, in respect of which there is a
community of interest.
(3) A Full Bench shall be satisfied, for the purposes of paragraph (1) (b),
that there is a community of interest between organizations of employers in
respect of their industrial interests if it is satisfied that a substantial
number of the members of each of the organizations are -
(a) eligible to become members of the other organization or each of the
other organizations, as the case may be;
(b) engaged in the same industry or bound by the same awards; or
(c) engaged in industries in respect of which there is a community of
interest.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158G
Scheme to be notified
SECT
158G. (1) If the Industrial Registrar is satisfied that the preceding
provisions of this Part have been complied with in respect of a proposed
amalgamation and that any application for a declaration under section 158FA in
respect of that amalgamation has been disposed of, he shall cause to be
published in the Gazette a notice of the application, together with a copy of
the scheme submitted to him or, if the scheme has been amended in accordance
with section 158F, of the scheme as so amended.
(2) The notice shall, as prescribed, notify persons of their right to make
objection to any amalgamation to which the scheme relates.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158H
Objections
SECT
158H. (1) Objection may be made to an amalgamation, in so far as it involves
-
(a) the registration of an organization;
(b) a change of the name of an organization;
(c) an alteration of the rules of an organization; or
(d) the de-registration of an organization at the request of the
organization,
by an organization or person by whom, and on a ground that is consistent with
the procedure provided by this Part and is a ground on which, objection could
be made, under the regulations, to that matter if this Part did not apply, or
by any other prescribed person on any other prescribed ground.
(2) Objection to a matter involved in an amalgamation, being a matter
referred to in any of paragraphs (1) (a), (b), (c) and (d), may not be made to
the Registrar otherwise than under this Part.
(3) An objector shall comply with the requirements of the regulations
concerning the manner of making an objection and service of copies of the
objection or of related documents.
(4) The Industrial Registrar shall, in accordance with the regulations, hear
all objections duly made to an amalgamation.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158J
Approval of amalgamation for submission to ballot
SECT
158J. (1) After the time allowed by the regulations for the making of
objections in accordance with section 158H, and after hearing any objections
duly made, the Industrial Registrar shall, subject to this section, decide to
approve, or not to approve, the submission of the proposed amalagamation to
ballots in accordance with this Part.
(2) If the Industrial Registrar finds that no objection duly made is
justified and is satisfied that the proposed amalgamation, so far as it
involves a matter referred to in any of paragraphs 158H (1) (a),(b),(c) and
(d), complies with the requirements of this Act and the regulations, he shall
give an approval under this section.
(3) If the Industrial Registrar finds that an objection duly made is
justified or is otherwise of opinion that the proposed amalgamation, so far as
it involves a matter referred to in any of paragraphs 158H (1) (a),(b),(c) and
(d), does not comply with the requirements of this Act and the regulations, he
shall, subject to sub-section (4), decide not to give an approval under this
section.
(4) Where sub-section (3) would otherwise apply, the Industrial Registrar
may permit the organizations that have submitted the scheme of amalgamation to
make such alterations of the scheme, or, if, under the scheme, an association
is to be registered as an organization, permit that association to make such
alterations of its rules, as he is satisfied will remove the ground of
objection or otherwise bring the scheme or rules into conformity with this Act
and the regulations, and, subject to the making of those alterations, give an
approval under this section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158K
Ballot of members
SECT
158K. (1) If approval in respect of the proposed amalgamation is given in
accordance with section 158J, the Industrial Registrar shall arrange for the
conduct, in respect of each of the existing organizations concerned in the
amalgamation, of a ballot of the members of that organization on the question
whether they approve the proposed amalgamation of that organization with the
other existing organization or organizations concerned.
(1A) Where, under sub-section (1), the Industrial Registrar is required to
arrange for the conduct of a ballot of the members of an organization in
respect of a proposed amalgamation the scheme for which contains an
alternative provision, the Industrial Registrar shall also arrange for the
conduct, at the same time as that ballot, of a ballot of the members of that
organization on the question whether, if the proposed amalgamation does not
take place, they approve the amalgamation of that organization with the other
organizations concerned in the amalgamation whose members give a like
approval.
(2) A ballot referred to in sub-section (1) or (1A) shall be a secret
ballot
by postal voting and the Industrial Registrar shall -
(a) conduct the ballot himself;
(b) direct a Deputy Industrial Registrar or an officer employed in a
Registry to conduct the ballot; or
(c) make arrangements with the Electoral Commissioner for the conduct of the
ballot by an Australian Electoral Officer or a member of the staff of the
Australian Electoral Commission.
(2A) Where, under sub-section (1A), the Industrial Registrar is required to
arrange for the conduct of 2 ballots of the members of an organization at the
same time, the ballot-papers for both ballots shall be on the same piece of
paper.
(2B) A person conducting a ballot required by sub-section (1A) is not
required to count the votes in that ballot unless and until he is satisfied
that the result of that ballot will be required to be known for the purposes
of this Act.
(3) A copy of the scheme of amalgamation submitted under this Part or, if
the scheme has been amended in accordance with this Part, of the scheme as so
amended, shall accompany the ballot paper or ballot papers sent to a person
entitled to vote at the ballot or ballots.
(4) The roll of voters for a ballot shall be a roll of the persons each of
whom, one month before the date fixed under sub-section 158L (1) as the
commencing date of the ballot -
(a) had a right under the rules of the organization to vote at that ballot;
or
(b) if the rules of the organization did not then provide for the right to
vote at that ballot - had a right under the rules of the organization to vote
at a ballot for an election for an office in the organization, being an
election by a direct voting system.
(6) Subject to this section, a ballot referred to in this section shall be
conducted in accordance with the regulations.
(7) Where -
(a) an organization is a party to a proposed amalgamation otherwise than as
a de-registering organization; and
(b) the total number of members that have been, and could be, admitted to
the organization upon and by reason of the amalgamation and any amalgamations
that have taken effect during the 2 years preceding the date of lodgment of
the application under section 158F does not exceed 5% of the number of members
of the organization as at the beginning of that period of 2 years,
the first-mentioned organization may apply to the Industrial Registrar for
exemption from the requirement that a ballot of its members be held in respect
of the amalgamation.
(8) Where an application is duly made in accordance with sub-section (7) -
(a) the Industrial Registrar shall grant the exemption unless he considers
that there are special circumstances by reason of which the exemption should
be refused; and
(b) if the exemption is granted, the members of the organization granted the
exemption shall be deemed to have approved the proposed amalgamation and, if
the scheme for that amalgamation contains an alternative provision, to have
approved each alternative amalgamation.
(9) Where an exemption under sub-section (8) has been granted to an
organization, a further exemption under that sub-section shall not be granted
to that organization in respect of an amalgamation in relation to which an
application under section 158F is lodged within 12 months after the lodgment
of the application under that section in respect of the amalgamation in
relation to which the exemption was granted.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158L
Notice of ballot
SECT
158L. (1) The person conducting the ballot shall fix a date as the
commencing date of the ballot and a date as the closing date of the ballot
and, not less than 3 months before the commencing date of the ballot, shall
publish in the Gazette and as otherwise prescribed notice of the ballot and of
the dates so fixed.
(1A) Where, under sub-section 158K (1A), the Industrial Registrar is
required to conduct 2 ballots of the members of an organization at the same
time, one date shall be fixed as the commencing date of both ballots and one
date shall be fixed as the closing date of both ballots.
(2) Not less than 2 months before the commencing date of the ballot or
ballots -
(a) the organization concerned may deliver to the Industrial Registrar a
statement in writing of not more than 2,000 words in support of the proposed
amalgamation and, if the scheme for that amalgamation contains an alternative
provision, of each alternative amalgamation; and
(b) members of that organization, being not less in number than 250 or 5% of
the total number of members, whichever is the less, may deliver to the
Industrial Registrar a statement in writing of not more than 2,000 words in
opposition to the proposed amalgamation or, if the scheme for that
amalgamation contains an alternative provision, to the proposed amalgamation
or any alternative amalgamation or any 2 or more of them,
and, subject to this section, a copy of each such statement shall accompany
the ballot paper or ballot papers sent to a person entitled to vote at the
ballot or ballots.
(3) If more than one such statement in opposition to an amalgamation is duly
delivered to the Industrial Registrar -
(a) the Industrial Registrar shall inform the President accordingly;
(b) a Presidential Member designated by the President shall prepare, or
cause to be prepared, in consultation, if practicable, with representatives of
the persons who delivered each of the statements, a statement in writing of
not more than 2,000 words in opposition to the amalgamation based on both or
all the statements and, as far as practicable, presenting fairly the substance
of the arguments against the amalgamation contained in both or all the
statements;
(c) the Presidential Member shall forward the statement so prepared,
certified by the Presidential Member to be approved by him, to the Industrial
Registrar; and
(d) the statement so approved shall accompany each ballot paper as if it had
been the sole statement delivered in accordance with paragraph (2) (b).
(4) The regulations may make provision for ensuring equitable presentation
of argument for and against an amalgamation in periodical publications of the
organization and of branches of the organization after a notice has been
published in relation to a ballot in respect of the amalgamation under
sub-section (1).
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158M
Offences in relation to ballots
SECT
158M. (1) The provisions of section 46 (other than sub-section (1)) apply in
relation to a ballot under this Part in like manner as they apply in relation
to a ballot ordered under section 45.
(2) The person who is to conduct or is conducting a ballot under this part
may, for the purposes of the ballot, require an officer of the organization
concerned, or of a branch of that organization, to supply to him information
in the possession of the officer, or to make available to him a book or
document in the possession of the officer or to which the officer has access,
and the officer shall comply with the requirement.
Penalty: $500 or imprisonment for 6 months.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158N
Determination of approval of amalgamation by members of organizations
SECT
158N. (1) Where, in compliance with sub-section 158K (1) or (1A), the
question of an amalgamation is submitted to a ballot in accordance with this
Part, the amalgamation shall be taken to be approved at that ballot if, and
only if, in that ballot -
(a) ballot papers are received by the person conducting the ballot, on or
before the date fixed under sub-section 158L (1) as the closing date of the
ballot, from -
(i) in the case of an amalgamation to which a declaration under
section 158FA applies - at least one-quarter of the members on the roll of
voters; or
(ii) in any other case - at least one-half of the members on the roll
of voters; and
(b) more than one-half of the members who record formal votes on those
ballot papers vote in favour of the amalgamation.
(2) Where the scheme for a proposed amalgamation contains an alternative
provision, then, for the purposes of the application of paragraph (1) (b) in
relation to a ballot on the question of an alternative amalgamation, a member
shall not be taken to record a formal vote in that ballot if he does not
record a formal vote in favour of the proposed amalgamation.
(3) For the purposes of sub-section (1), where a declaration under section
158FA applies to a proposed amalgamation the scheme for which contains an
alternative provision, a declaration under that section shall be taken to
apply to each alternative amalgamation.
(4) For the purposes of this Part, the members of an organization shall be
taken to have approved an amalgamation if, and only if -
(a) the amalgamation is approved at a ballot of those members in accordance
with this Part; or
(b) under paragraph 158K (8) (b), those members are deemed to have approved
that amalgamation.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158P
Inquiries into irregularities
SECT
158P. (1) The Court has jurisdiction -
(a) to inquire into alleged irregularities in or in connection with a ballot
under this Part; and
(b) if it finds that there has been an irregularity that may have affected,
or may affect, the result of the ballot, to order -
(i) in the case of an uncompleted ballot - that any step in or in
connection with the ballot be taken again; or
(ii) in the case of a completed ballot - that a fresh ballot be
conducted by a person referred to in sub-section 158K (2) in place of the
ballot in which the irregularities occurred,
and to make such further orders as it thinks necessary.
(2) The regulations may make provision with respect to the making of
applications for inquiries by the Court in accordance with this section, for
the
procedure in respect of such inquiries and for matters connected with, or
arising out of, such inquiries.
(3) Notwithstanding paragraph 198 (1) (e), regulations for the purposes of
this section may provide for penalties, in respect of offences, not exceeding
$500 or imprisonment for 6 months, or both.
(4) An application for the exercise of the jurisdiction of the Court under
this section shall be made not later than 30 days after the declaration of the
result of the ballot.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158PA
Approval of amalgamations
SECT
158PA. (1) Where the members of each of the organizations concerned in a
proposed amalgamation approve that amalgamation, that amalgamation shall be
taken to be approved for the purposes of this Part.
(2) Where the members of any of the organizations concerned in a proposed
amalgamation the scheme for which contains an alternative provision do not
approve the proposed amalgamation, but, in the case of some of the
organizations so concerned (including, where one of the organizations so
concerned is a party to the amalgamation otherwise than as a de-registering
organization, that organization), the members of each of them approve both the
proposed amalgamation and the amalgamation of their organization with any of
the other organizations so concerned, an amalgamation involving the
organizations the members of which so give their approval shall be taken to be
approved for the purposes of this Part.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158Q
Action to be taken after ballots
SECT
158Q. (1) If, after -
(a) 30 days have expired since the declaration of the results of both or all
of the ballots or, if there is only one ballot, the result of that ballot;
and
(b) any application to the Court under section 158P in connection with a
ballot has been disposed of, and the result of any further ballot ordered by
the Court has been declared,
the Industrial Registrar declares that the amalgamation has been approved for
the purposes of this Part, the Industrial Registrar shall, after consultation
with the organizations concerned, forthwith fix, and notify in the Gazette, a
day, not being less than 2 months after the date of the notification, as the
day on which the amalgamation is to take effect.
(2) The Industrial Registrar shall not fix a day under sub-section (1)
unless -
(a) there are no proceedings pending against any of the organizations
concerned in respect of a contravention of this Act, the regulations or any
law of the Commonwealth or in respect of a breach or non-observance of an
award or order under this Act or another law of the Commonwealth;
(b) no penalty imposed on any of those organizations under this Act or the
regulations or in respect of any such breach or non-observance is unpaid; and
(c) the Industrial Registrar is satisfied as to the arrangements made for
property of the de-registering organization or organizations to become the
property of, and for liabilities of the de-registering organization or
organizations to be satisfied by, the amalgamated organization.
(3) On the day so fixed -
(a) the Industrial Registrar shall register the amalgamated organization, if
it is not already registered;
(b) the Industrial Registrar shall consent to, and record, any change of the
name of an organization or alteration of the rules of an organization that is
involved in the scheme for the amalgamation and the change or alteration shall
thereupon have effect;
(c) the Industrial Registrar shall de-register the de-registering
organization or organizations; and
(d) the persons who, immediately before the day so fixed, were members of a
de-registering organization become, by force of this Act and without payment
of entrance fee, members of the amalgamted organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158R
Resignation of membership
SECT
158R. Where the day on which an amalgamation is to take effect has been
fixed, section 145 has effect in relation to resignation of membership of a
de-registering organization as if the reference in sub-section (1) of that
section to 3 months were a reference to one month.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158S
Effect of amalgamation on awards
SECT
158S. On and from the day on which an amalgamation takes effect in
accordance with this Part -
(a) an award that was, immediately before that day, binding on a
de-registering organization and its members becomes, by force of this Act,
binding on the amalgamated organization and its members; and
(b) such an award has effect for all purposes, including the obligations of
employers and organizations of employers, as if references in the award to a
de-registering organization included references to the amalgamated
organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158T
Expenses of ballot
SECT
158T. The expenses of a ballot conducted in accordance with this Part shall
be borne by the Australian Government.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158U
Costs of inquiries
SECT
158U. The provisions of section 168 apply, with such modifications as are
prescribed, in relation to inquiries by the Court under this Part.
CONCILIATION AND ARBITRATION ACT 1904 - PART VIIIB
PART VIIIB - ORGANIZATIONS AND ASSOCIATED BODIES
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158V
Interpretation
SECT
158V. In this Part, unless the contrary intention appears -
"amalgamation" means the carrying out of arrangements in relation to an
organization and an associated body under which it is intended that -
(a) a branch of the organization is to obtain non-corporate
registration under a State Act;
(b) the associated body is to be de-registered under a State Act;
(c) members of the associated body who are not already members
of the organization are to become such members;
(d) the property of the associated body is to become the property
of the organization forming part of the Branch Fund of the branch; and
(e) the liabilities of the associated body are to be satisfied from the
Branch Fund of the branch;
"associated body", in relation to an organization, means an industrial union
or association registered under a State Act which is or purports to be
composed of substantially the same members, and has or purports to have
substantially the same officers, as a branch of the organization in the same
State, including such an industrial union or association which has purported
to function as a branch of the organization;
"State Act" means any of the following Acts as amended from time to time:
(a) The Industrial Cinciliation and Arbitration Acts, 1961 to
1964 of Queensland;
(b) the Industrial Arbitration Act, 1940 of New South Wales;
(c) the Industrial Conciliation and Arbitration Act, 1972 of South
Australia;
(d) the Industrial Arbitration Act, 1979 of Western Australia.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158W
Amalgamation of organizations and associated bodies
SECT
158W. An organization and an associated body may amalgamate in the manner
set out in this Part.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 158X
Procedure
SECT
158X. (1) The committee of management of the associated body and the
committee of management of the organization shall each pass a resolution
proposing amalgamation and specifying particulars of the proposed
amalgamation.
(2) Application shall be made to the Registrar by the organization for
approval of the amalgamation.
(3) The application may include an application for a consent or certificate
of the Registrar in accordance with section 139 in respect of any changes in
the rules of the organization that are required for the purposes of the
amalgamation, and any such application shall be dealt with as part of the
application for approval of the amalgamation but otherwise in accordance with
section 139.
(4) The Registrar shall determine what notice is to be given to other
persons of the application and whether, upon whom and how it should be served
and whether it should be advertised in any newspaper and shall fix a time for
the lodging of objections.
(5) Objection may be made to the amalgamation, so far as it involves an
altertion to -
(a) the description of the industry in connection with which the
organization is registered; or
(b) the conditions of eligibility for membership of the organization,
by an organization, a member of the associated body or a registered industrial
union or association in the State in which the associated body functions, on
the ground that there is another organization to which the members of the
associated body whose eligibility for membership would depend on the
alteration might conveniently belong.
(6) Objection may be made to the amalgamation by a member of the
organization or of the associated body on the ground that -
(a) the provisions of this section have not been complied with; or
(b) the amalgamation would do substantial injustice to the members of the
organization or of the associated body.
(7) If any objections are duly lodged or if the Registrar otherwise deems it
advisable to do so he shall fix a date and place of hearing and shall
determine to whom and in what manner notice of the date and place of the
hearing shall be given.
(8) The Registrar shall determine the application and, if he approves the
amalgamation, fix a date as the date on which the amalgamation is to take
effect.
(9) On the date on which the amalgamation is to take effect, the Registrar
shall give any necessary consent or certificate in accordance with section 139
and make any necessary record in accordance with sub-section (3) of that
section.
(10) The Registrar may, where the amalgamation involves an alteration to the
rules of an organization in so far as they relate to conditions of eligibility
for membership or the description of the industry in connection with which the
organization is registered, as a condition of approving the amalgamation,
require the applicant organization to consent to an order under section 142A
as to such employees or classes or groups of employees, and subject to such
limitations, as he thinks fit.
(11) The Registrar shall not approve an amalgamation unless he is satisfied
as to arrangements made concerning any property and any liabilities of the
associated body.
(12) On the date on which the amalgamation takes effect all members of the
associated body who are not already members of the organization but are or
become eligible for membership of the organization shall become members of the
organization and shall be deemed to have been members for the period ending on
that date during which they were members of the associated body.
CONCILIATION AND ARBITRATION ACT 1904 - PART IX
PART IX - DISPUTED ELECTIONS IN ORGANIZATIONS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 159
Applications for inquiries respecting elections
SECT
159. (1) Where a member of an organization, or a person who, within the
preceding period of 12 months, has been a member of an organization, claims
that there has been an irregularity in or in connection with an election for
an office in the organization, or in a branch of the organization, he may
lodge an application for an inquiry by the Court into the matter.
(2) An application under this section shall -
(a) be in writing in accordance with the prescribed form;
(b) be lodged with the Industrial Registrar before the completion of the
election or within such time after the completion of the election as is fixed
by or under the regulations;
(c) specify the election in respect of which the application is made and the
irregularity which is claimed to have occurred, and state the facts relied on
in support of the application; and
(d) be accompanied by a statutory declaration by the applicant declaring
that the facts stated in the application are, to the best of the applicant's
knowledge and belief, true.
(3) Except as provided by sub-section (4), this section does not apply to or
in relation to an election conducted under section 165A, an election in or in
connection with which a step is taken under that section or an election
conducted under section 170.
(4) An application may be made under this section in respect of an election
referred to in sub-section (3) if the application is made within the time that
is applicable under sub-section (5) and, where such an application is made -
(a) the Industrial Registrar shall, notwithstanding section 160, forthwith
refer the application to the Court and thereupon an inquiry shall be deemed to
have been instituted;
(b) the Court is not required to proceed with an inquiry unless it is
satisfied that there is reasonable ground for the application; and
(c) in relation to an inquiry into an election conducted under section 170
-
(i) the reference in section 162A to the Industrial Registrar shall
be read as a reference to such person as the Court designates; and
(ii) paragraph 165 (3) (c) does not apply but the Court may make
an order directing any action referred to in that paragraph to be taken by
such person as the Court specifies, being the Industrial Registrar or some
other person who may be authorized under sub-section 170 (5) to conduct an
election.
(5) An application in accordance with sub-section (4) may be made -
(a) before the completion of the election;
(b) within the period of 6 months commencing on the date of completion of
the election; or
(c) after the expiration of that period of 6 months but before the
expiration of the period of office to which the election related,
but the Court shall not proceed with the hearing of an inquiry upon an
application made in accordance with paragraph (c) unless the Court is
satisfied that the person making the application did not have, within the
period of 6 months referred to in paragraph (b), and could not, by reasonable
diligence have acquired within that period, knowledge of, and the means of
establishing, the matters that are alleged to constitute an irregularity.
(6) A reference in this Part to an election conducted under section 165A
shall be read as including a reference to an election conducted in pursuance
of an order under sub-section (4) of this section, and sub-section 170A (4)
applies where an order is made under sub-section (4) of this section.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 160
Action by Registrar
SECT
160. (1) Where an application under section 159 is lodged with the
Industrial Registrar, he shall -
(a) if he is satisfied -
(i) that there are reasonable grounds for an inquiry into the
question whether there has been an irregularity in or in connection with the
election, which may have affected or may affect the result of the election;
and
(ii) that the circumstances of the matter justify an inquiry by the
Court under this Part,
grant the application and refer the matter to the Court; or
(b) if he is not so satisfied, refuse the application and inform the
applicant accordingly.
(2) The Industrial Registrar may exercise his powers under sub-section (1)
upon the basis of the matters stated in the application, but he may
nevertheless take into account any relevant information coming to his
knowledge.
(3A) At any time after the lodging with the Industrial Registrar of an
application for an inquiry in connection with an election and before the
Industrial Registrar has referred the matter to the Court, the Industrial
Registrar, by himself or by a person acting on his behalf, may -
(a) inspect any ballot papers, envelopes, lists or other documents that have
been used in connection with, or are relevant to, the election;
(b) for the purposes of any such inspection, enter, with such assistance as
he considers necessary, any premises used or occupied by the organization or a
branch of the organization in which he believes any such ballot papers,
envelopes, lists or documents to be;
(c) require a person to deliver to him, in accordance with the requirement,
any such ballot papers, envelopes, lists or other documents in the possession
or under the control of that person;
(d) take possession of any such ballot papers, envelopes, lists or other
documents; and
(e) retain any ballot papers, envelopes, lists or other documents delivered
to him, or of which he has taken possession, for such period as is necessary
for the purposes of the application and, if proceedings under this Part have
arisen out of the application, until the completion of the proceedings or
until such earlier time as the Court orders.
(4) Before taking any action under sub-section (3A), the Industrial
Registrar shall, if he is of opinion that, having regard to all the
circumstances, any person should be given an opportunity of objecting to the
proposed action, give such an opportunity to that person.
(5) A person shall not -
(a) refuse or fail to comply with a requirement under this section; or
(b) obstruct or hinder the Industrial Registrar or any other person in the
exercise of his powers under this section.
Penalty: $500 or imprisonment for 6 months, or both.
(6) An act or decision of the Industrial Registrar under this section shall
not be subject to appeal to the Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 161
Jurisdiction of Court
SECT
161. (1) Upon the reference of a matter to the Court under section 160, the
inquiry shall be deemed to have been instituted in the Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 162
Directions as to hearing
SECT
162. Where an inquiry has been instituted, a Judge shall fix a time and
place for conducting the inquiry, and may give such directions as he thinks
necessary to ensure that all persons who are or may be justly entitled to
appear or be represented at the inquiry are notified of the time and place so
fixed.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 162A
Court may authorize Registrar to inspect ballot papers, &c.
SECT
162A. (1) At any time after an inquiry in connection with an election has
been instituted, the Court may authorize the Industrial Registrar, by himself
or by a person acting on his behalf, to take, for the purposes of the inquiry,
any action referred to in sub-section 160 (3A).
(2) Before authorizing any action under sub-section (1) the Court shall, if
it is of opinion that, having regard to all the circumstances, any person
should be given an opportunity of objecting to the proposed action, give such
an opportunity to that person.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 163
Interim orders
SECT
163. (1) At any time after an inquiry in connection with an election has
been instituted, the Court may, if it thinks fit, make one or more of the
following orders:
(a) an order that no further steps shall be taken in the conduct of the
election or in carrying into effect the result of the election;
(b) an order that a person who has assumed an office, continued to act in an
office, or claims to occupy an office, being an office to which the inquiry
relates, shall not act in that office;
(c) an order that a person who holds, or who has last held before the
election, an office to which the inquiry relates may act or continue to act in
that office;
(d) where it considers that an order under paragraph (c) would not be
practicable or would be prejudicial to the efficient conduct of the affairs of
the organization or would be inappropriate having regard to the nature of the
inquiry, an order that a member of the organization or another person
specified in the order may act in an office to which the inquiry relates;
(e) an order incidental or supplementary to an order under this sub-section;
and
(f) an order varying or discharging an order under this sub-section.
(2) Where the Court orders that a person may act, or continue to act, in an
office, that person shall, while the order remains in force, and
notwithstanding anything contained in the rules of the organization or of a
branch of the organization, be deemed, for all purposes, to hold the office.
(3) An order under this section shall continue in force, unless expressed to
operate for a shorter period or unless sooner discharged, until the completion
of proceedings in the Court in connection with the election and of all matters
ordered (otherwise than under this section) by the Court in those proceedings.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 164
Procedure at hearing
SECT
164. (1) The Court shall allow to appear or be represented at an inquiry all
persons who apply to the Court for leave to appear or be represented, being
persons who appear to the Court to be justly entitled to be heard, and the
Court may order any other person so to appear or be represented.
(2) The persons appearing or represented, or ordered to appear or be
represented, at an inquiry shall be deemed to be parties to the proceedings.
(3) The Attorney-General may, at any stage of an inquiry, intervene by
counsel, solicitor or agent on behalf of the Commonwealth.
(4) For the purposes of this Part -
(a) the procedure of the Court is, subject to this Act and the regulations,
within the discretion of the Court; and
(b) the Court is not bound to act in a formal manner and is not bound by any
rules of evidence but may inform itself on any matter in such manner as it
thinks just.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 165
Functions and powers of Court
SECT
165. (1) At an inquiry the Court shall inquire into and determine the
question whether any irregularity has occurred in or in connection with the
election, and such further questions concerning the conduct and results of the
election as the Court thinks necessary.
(2) In the course of conducting an inquiry the Court may make such orders
(including an order for the recounting of votes) as the Court thinks necessary
for the purposes of the inquiry.
(3) If the Court finds that an irregularity has occurred, the Court may,
subject to sub-section (4), make one or more of the following orders:
(a) an order declaring the election, or any step in or in connection with
the election, to be void;
(b) an order declaring a person purporting to have been elected not to have
been elected, and declaring another person to have been elected;
(c) an order directing the Industrial Registrar to make arrangements -
(i) in the case of an uncompleted election - for any step in or in
connection with the election (including the submission of nominations) to be
taken again and for the uncompleted steps in the election to be taken; or
(ii) in the case of a completed election - for any step in or in
connection with the election (including the submission of nominations) to be
taken again or for a new election to be held;
(d) an order (including an order modifying the operation of the rules of the
organization to the extent necessary to enable a new election to be held, a
step in or in connection with an election to be taken again or an uncompleted
step in an election to be taken) incidental or supplementary to, or
consequential upon, any order under this section.
(4) The Court shall not declare an election, or any step taken in or in
connection with an election, to be void, or declare that a person was not
elected, unless the Court is of opinion that, having regard to the
irregularity found, and any circumstances giving rise to a likelihood that
similar irregularities may have occurred or may occur, the result of the
election may have been affected, or may be affected, by irregularities.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 165A
Industrial Registrar to make arrangements for conduct of elections, &c.
SECT
165A. Where the Court makes an order referred to in paragraph 165(3) (c) in
relation to an election, the Industrial Registrar shall make arrangements with
the Electoral Commissioner for the taking of the necessary steps in or in
connection with the election, or for the conduct of the new election, as the
case requires, by an Australian Electoral Officer or a member of the staff of
the Australian Electoral Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 166
Enforcement of orders
SECT
166. (1) The Court may make such orders for injunctions (including mandatory
injunctions) as it thinks necessary for the effectual exercise of its powers
and functions and the enforcement of its orders under this Part.
(2) A person shall not refuse or fail to comply with an order of the Court
under this Part or hinder or obstruct the carrying out of any such order.
Penalty: $500 or imprisonment for 6 months, or both.
(3) Nothing in this section shall affect the powers of the Court in relation
to the punishment of contempts of the Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 167
Validation of certain acts, &c.
SECT
167. (1) Where the Court declares void the election of a person who has,
since the election, purported to act in the office to which he purported to
have been elected, all acts done by him while so purporting to act and which
could validly have been done by him if he had been duly elected shall, subject
to this section, be valid and effectual for all purposes.
(2) The Court may, if it considers it desirable so to do, declare any such
act to have been void, and thereupon that act shall, for all purposes, be
deemed not to have been validly done.
(3) Where an election is held, or any step in or in connection with an
election is taken, in pursuance of an order of the Court, that election or
step shall not be invalidated by reason only of any departure from the rules
of the organization or branch involved in compliance with the order of the
Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 168
Costs
SECT
168. (1) Where upon an inquiry the Court finds that an irregularity has
occurred, the Attorney-General may, if he considers the circumstances to
justify him in so doing, authorize payment by the Commonwealth to the person
who applied for the inquiry of the whole or a part of his costs and expenses
(including expenses of witnesses).
(2) Where, upon an inquiry, the Court does not find that any irregularity
has occurred, but certifies that the person who applied for the inquiry acted
reasonably in so applying, the Attorney-General may authorize payment by the
Commonwealth to that person of the whole or a part of his costs and expenses
(including expenses of witnesses).
(3) Where the Attorney-General is satisfied that, having regard to the
findings of the Court upon an inquiry, it is not just that a person (not being
the person who applied for the inquiry) should be required to bear, or to bear
in full, any costs or expenses (including expenses of witnesses) incurred by
him in connection with the inquiry, the Attorney-General may authorize payment
by the Commonwealth of the whole or a part of those costs or expenses.
(5) Nothing in this section shall limit the power of the Court to make an
order as to the costs and expenses (including expenses of witnesses) of
proceedings before the Court in or in connection with an inquiry.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 169
Ballot papers, &c., to be preserved
SECT
169. Notwithstanding anything contained in the rules of an organization or
of a branch of the organization, an organization and every officer of an
organization or branch of an organization who is able to do so, shall take
such steps as are necessary to ensure that all ballot papers, envelopes, lists
and other documents used in connection with, or relevant to, an election for
an office are preserved and kept at the registered office of the organization
(or, if the election is for an office in a branch of the organization, at the
registered office of that branch) for a period of one year after the
completion of the election.
Penalty: $500 or imprisonment for 6 months, or both.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 169A
Returning officer to furnish information
SECT
169A. (1) A financial member of an organization may request the returning
officer in respect of an election for an office of the organization or a
branch of the organization or in respect of a ballot taken for the purpose of
submitting a matter to a vote of the members of an organization or a branch of
the organization to supply the member with information for the purpose of
determining whether there has been an irregularity in or in connection with
the election or ballot.
(2) The returning officer shall not unreasonably refuse or fail to supply
information so requested.
Penalty: $500 or imprisonment for 6 months, or both.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 169B
Death of candidate
SECT
169B. Notwithstanding the rules of an organization, if 2 or more candidates
are nominated for an election in respect of an office of an organization or
branch of an organization and one of those candidates dies before the close of
the ballot, the election shall be discontinued and a new election shall be
held.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 170
Registrar to conduct elections upon request
SECT
170. (1) An organization or a branch of an organization may, in writing,
request the Industrial Registrar or a Deputy Industrial Registrar that an
election for an office in the organization or in the branch (as the case may
be) be conducted under this section with a view to ensuring that no
irregularity occurs in or in connection with the election.
(2) For the purposes of sub-section (1), a request by an organization or
branch may be made -
(a) by or on behalf of the committee of management of the organization or of
the branch, as the case may be; or
(b) by a number, ascertained as prescribed, of the members of the
organization or of the branch, as the case may be.
(2A) For the purposes of sub-section (1), an office that is required by the
rules of the organization to be filled by election by the members, or by some
of the members, of one branch only of the organization shall be deemed to be
an office in that branch.
(3) The regulations may make provision with respect to the times at which,
and the manner in which, requests may be made under this section.
(3A) The limitations imposed by paragraph 198(1) (e) on the penalties that
may be prescribed by the regulations do not prevent regulations made for the
purposes of sub-section (3) from requiring a person to make a statutory
declaration.
(4) Where a request is made or purports to be made under this section, the
ndustrial Registrar or Deputy Industrial Registrar, as the case may be,
shall, after making such inquiries (if any) as he considers necessary, decide
whether or not the request has been duly made.
(5) Where the Industrial Registrar or Deputy Industrial Registrar, as the
case may be, decides that a request has been duly made under this section, he
shall inform the organization or branch accordingly, and may conduct the
election, direct an officer employed in a Registry to conduct the election, or
may make arrangements with the Electoral Commissioner for the conduct of the
election by an Australian Electoral Officer or a member of the staff of the
Australian Electoral Commission.
(6) This section does not apply to or in relation to an election to be
conducted under section 165A.
(11) In any proceedings in connection with anything done or proposed to be
done by reason of a request made or purporting to be made under this section
in relation to an organization or a branch of an organization, the copy of the
register of members of that organization filed with the Registrar, as varied
in accordance with any statements filed under sub-section 152(3) before the
date upon which the request was made, is prima facie evidence that the persons
shown in that copy register, as so varied, as the members of the organization
or branch were, at the date on which the request was made, the members of the
organization or branch, as the case may be.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 170A
Provisions applicable to elections conducted under section 165A or 170
SECT
170A. (1) A person conducting an election, or taking a step in or in
connection with an election, for an office in, or a branch of, an organization
under section 165A or under section 170, may, notwithstanding anything
contained in the rules of the organization or branch, take such action and
give such directions as he considers necessary in order to ensure that no
irregularities occur in or in connection with the election or to remedy any
procedural defects in those rules which appear to him to exist.
(2) A person shall not -
(a) refuse or fail to comply with a direction given under sub-section (1);
or
(b) obstruct or hinder -
(i) a person referred to in sub-section (1) in the performance of his
functions in relation to an election or in the taking of any action under
sub-section (1); or
(ii) any other person in the carrying out of a direction under
sub-section (1).
Penalty: $500 or imprisonment for 6 months, or both.
(3) An election conducted under section 165A, a step taken under that
section in or in connection with an election or an election conducted under
section 170 is not invalid by reason only -
(a) of a breach of the rules of the organization or branch involved in -
(i) an act done under this section; or
(ii) an act done in compliance with a direction under this section;
or
(b) in the case of an election conducted under section 170, of an
irregularity in the request in pursuance of which the election was conducted.
(3A) Where a person conducting an election, or taking a step in or in
connection with an election, under section 165A or under section 170 -
(a) dies or becomes unable to complete the conduct of the election or the
taking of the steps; or
(b) ceases to be a person qualified under whichever of those sections is
applicable to conduct the election or to take the step,
the Industrial Registrar shall make arrangements or give directions for the
completion of the conduct of the election or of the taking of the step by
another person who is so qualified or, in the case of an election under
section 170, may himself complete the conduct of the election.
(4) The expenses incurred by the person conducting an election or taking a
step in or in connection with an election under section 165A or section 170
shall be borne by the Australian Government.
(5) Notwithstanding anything contained in the rules of an organization or of
a branch of an organization, a person conducting an election, or taking a step
in or in connection with an election, under section 165A or section 170 shall
preserve and keep, for a period of one year after the completion of the
election, all ballot papers, envelopes, lists and other documents coming into
his possession in or in connection with the conduct of the election or the
taking of that step.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 171
Offences in connection with elections
SECT
171. (1) A person shall not, without lawful authority or excuse, in or in
connection with an election for an office -
(a) personate another person to secure a ballot paper to which the
personator is not entitled, or personate another person for the purpose of
voting;
(b) destroy, deface, alter, take or otherwise interfere with a nomination
paper, ballot paper or envelope;
(c) put or deliver a ballot paper or other paper -
(i) in a ballot box or other ballot receptacle;
(ii) into the post; or
(iii) to a person receiving ballot papers for the purposes of the
election;
(d) record a vote which he is not entitled to record;
(e) record more than one vote;
(f) forge or utter, knowing the same to be forged, a nomination paper,
ballot paper or envelope;
(g) supply a ballot paper;
(h) obtain, or have in his possession, a ballot paper; or
(i) destroy, take, open or otherwise interfere with a ballot box.
(2) A person shall not, in or in connection with an election for an office
-
(a) threaten, offer or suggest any violence, injury, punishment, damage,
loss or disadvantage for or on account of, or to induce -
(i) any candidature or withdrawal of candidature;
(ii) any vote or omission to vote;
(iii) any support or opposition to any candidate; or
(iv) any promise of any vote, omission, support or opposition; or
(b) use, cause, inflict or procure any violence, injury, punishment, damage,
loss or disadvantage for or on account of any such candidature, withdrawal,
vote, omission, support or opposition.
(3) A person shall not threaten, offer, suggest, use, cause, inflict or
procure any violence, injury, punishment, damage, loss or disadvantage for or
on account of, or for the purpose of preventing, anything lawfully done or
proposed to be lawfully done by a person for the purpose of causing or
enabling a request to be made by an organization or branch of a organization
under section 170, including the signing of an instrument of request or the
seeking or obtaining of signatures to such an instrument.
Penalty: $500 or imprisonment for 6 months, or both.
CONCILIATION AND ARBITRATION ACT 1904 - PART IXA
PART IXA - VALIDATING PROVISIONS FOR ORGANIZATIONS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 171A
Interpretation
SECT
171A. In this Part, unless the contrary intention appears -
"collective body" means -
(a) in relation to an organization - the committee of management
or any conference, council, committee, panel or other body of or within the
organization; and
(b) in relation to a branch of an organization - the committee of
management or any conference, council, committee, panel or other body of or
within the branch;
"invalidity" includes nullity and includes any invalidity or nullity
resulting from any omission, defect, error, irregularity or absence of quorum
or caused by the fact that -
(a) the members or one or more members of a collective body of an
organization or branch of an organization, or the persons or one or more of
the persons purporting to act as the members of such a collective body, or a
person holding or purporting to hold an office or position in an organization
or branch -
(i) have or has not been elected or appointed or duly
elected or appointed;
(ii) have or has purported to be elected or appointed by an
election or appointment that was a nullity;
(iii) were not or was not entitled to be elected or appointed
or to hold office;
(iv) were or was elected or appointed or purported to be
elected or appointed where one or more or all of the persons who took part in
the election or appointment or the purported election or appointment was or
were not entitled to do so;
(v) were or was not a member of the organization; or
(vi) were or was elected or appointed or purported to be
elected or appointed where one or more or all of the persons who took part in
the election or appointment or
the purported election or appointment was or were not members of the
organization; or
(b) persons took part in the making or purported making or the
alteration or purported alteration of the rules of an organization or branch,
as officers or voters or otherwise, who were not entitled to do so or were not
members of the organization,
and "invalid" has a corresponding meaning.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 171B
Validation of certain acts
SECT
171B. (1) Subject to this section and to section 171G, all acts done in good
faith by -
(a) a collective body of an organization or branch of an organization or by
persons purporting to act as such a collective body; or
(b) a person holding or purporting to hold an office or position in an
organization or branch,
shall be valid notwithstanding any invalidity that may afterwards by
discovered in -
(c) the election or appointment of the collective body or any member thereof
or of the persons or any of the persons purporting to act as the collective
body;
(d) the election or appointment of the person holding or purporting to hold
the office or position; or
(e) the making or the alteration of a rule of the organization or branch.
(2) For the purposes of this section -
(a) a person shall not be treated as purporting to act as a member of a
collective body of an organization or as the holder of an office or position
in an organization unless he has, in good faith, purported to be, and has been
treated by officers or members of the organization as being, such a member or
the holder of the office or position; and
(b) a person shall not be treated as purporting to act as a member of a
collective body of a branch of an organization or as the holder of an office
or position in the branch unless he has, in good faith, purported to be, and
has been treated by officers or members of the branch as being, such a member
or the holder of the office or position.
(3) For the purposes of this section -
(a) an act is to be treated as done in good faith until the contrary is
proved;
(b) a person who has purported to be a member of a collective body of an
organization or branch is to be treated as having done so in good faith until
the contrary is proved;
(c) knowledge of facts from which an invalidity arises is not of itself to
be treated as knowledge that the invalidity exists;
(d) an invalidity in -
(i) the election or appointment of a collective body of a branch of
an organization or any member of such a collective body;
(ii) the election or appointment of the persons or any of the
persons purporting to act as a collective body of a branch;
(iii) the election or appointment of a person holding or purporting
to hold an office or position in a branch; or
(iv) the making or the alteration of a rule of a branch,
shall not be treated as discovered before the earliest time proved to be a
time when the existence of the invalidity was known to a majority of the
members of the committee of management of the branch or to a majority of the
persons purporting to act as that committee of management; and
(e) an invalidity in any other election or appointment or in the making or
alteration of a rule to which this section applies shall not be treated as
discovered before the earliest time proved to be a time when the existence of
the invalidity was known to a majority of the members of the committee of
management of the organization or to a majority of the persons purporting to
act as that committee of management.
(4) This section applies -
(a) to an act whenever done, including an act done before the date of
commencement of this section; and
(b) in relation to an organization which is an association - to an act done
in or in connection with the association before the date on which it was
registered as an organization.
(5) Nothing in this section affects the operation of Part IX.
(6) Nothing in this section validates the expulsion or suspension of, or the
imposition of a fine or any other penalty upon, a member of an organization
which would not have been valid if this section had not been enacted.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 171C
Court may make orders in respect of consequences of invalidity
SECT
171C.*3* (1) An organization, a member of an organization or any person
having a sufficient interest in respect of an organization may apply to the
Court for a determination of the question whether an invalidity has occurred
in the management or administration of the organization or of a branch of the
organization or in an election or appointment in, or the making or alteration
of the rules of, the organization or a branch of the organization and the
Court has jurisdiction to hear and determine the application and to make such
declaration as it thinks proper.
(2) Where, in proceedings under sub-section (1), the Court finds that an
invalidity of the kind referred to in that sub-section has occurred, the Court
-
(a) may make such order as it thinks fit to rectify or cause to be rectified
the invalidity, or to negative, modify or cause to be modified the
consequences in law of the invalidity, or to validate any act, matter or thing
rendered invalid by or as a result of the invalidity;
(b) shall, before making such order, satisfy itself that such an order would
not do substantial injustice to the organization or to any member or creditor
of the organization or to any person having dealings with the organization;
(c) where any such order is made, may give such ancillary or consequential
directions as it thinks fit; and
(d) may determine what notice, summons or rule to show cause is to be given
to other persons of the intention to make such an order, and whether and how
it should be given or served and whether it should be advertised in any
newspaper.
(3) This section applies -
(a) to an invalidity whenever occurring, including an invalidity occurring
before the date of commencement of this section; and
(b) in relation to an organization which is an association - to an
invalidity occurring in or in connection with the association before the date
on which it was registered as an organization.
*3*Sections 133AA and 171C are amended by sections 15 and 28 of the
Conciliation and Arbitration Amendment Act (No. 3) 1977. Sections 15 and 28
provide as follows:
"15. Section 133AA of the Principal Act is amended -
(a) by omitting sub-section (2) and substituting the following
sub-sections:
'(2) The regulations may prescribe rules for and in relation to the
conduct
of an election in accordance with the requirements of this section.
'(2A) Rules prescribed under sub-section (2) shall be deemed to form part
of the rules of each organization and any other rules of the organization that
are inconsistent with the rules so prescribed shall, to the extent of the
inconsistency, cease to have effect.
'(2B) The rules prescribed under sub-section (2) do not apply in relation
to an election a step in which was taken, in accordance with the rules of the
organization concerned, before the date of commencement of this sub-section.';
and
(b) by inserting after sub-section (4) the following sub-sections:
'(4A) Where, on an application under section 141 or 171C, the Court finds
that an election, or a step in an election, that was required by this section
to be conducted by secret postal ballot in accordance with rules prescribed
under sub-section (2) was not so conducted, the Court may, with respect to
that election, make such orders referred to in paragraphs (a) and (c) of
sub-section (3) of section 165 as it could have made if the Court had found,
after an enquiry under section 165, that an irregularity had occurred with
respect to that election.
'(4B) Subject to sub-section (4C), a person shall not purport to hold an
office within an organization if -
(a) the election by virtue of which he purports to hold the office was an
election to which this section applied; and
(b) he was not elected to that office by a secret postal ballot.
Penalty: $200 for each day during which the offence continues.
'(4C) Sub-section (4B) does not apply in relation to a person who holds
an
office by virtue of an order of the Court.
'(4D) Where a person is convicted of an offence under sub-section (4B),
the
organization within which is the office to which the offence relates is guilty
of an offence against this sub-section punishable, upon conviction, by a fine
of $1,000 for each day which the offence of the person has continued.'."
"28. Section 171C of the Principal Act is amended by inserting after
sub-section (1) the following sub-section:
'(1A) Where the Bureau has reason to believe that an election, or a step
in
an election, that was required by section 133AA to be conducted by secret
postal ballot in accordance with rules prescribed under sub-section (2) of
that section was not so conducted, the Bureau may apply to the Court under
sub-section (1) for a determination of the question whether an invalidity has
occurred in, or in connexion with, that election.'."
By virtue of sub-section 2 (2) of the Conciliation and Arbitration
Amendment Act (No. 3) 1977 sections 15 and 28 shall come into operation on a
date to be fixed by Proclamation. As at 30 September 1986 no date had been
fixed and the amendments are not incorporated in this reprint.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 171D
Court may order reconstitution of branch, &c.
SECT
171D. (1) An organization, a member of an organization or any person having
a sufficient interest in respect of an organization may apply to the Court for
a declaration that -
(a) a part of the organization, including -
(i) a branch or part of a branch of the organization; or
(ii) a collective body of the organization or of a branch of the
organization,
has ceased to exist or to function effectively and there are no effective
means under the rules of the organization or branch by which it can be
reconstituted or enabled to function effectively; or
(b) an office or position in the organization or in a branch of the
organization is vacant and there are no effective means under the rules of the
organization or branch to fill the office or position,
and the Court has jurisdiction to hear and determine the application and to
make a declaration accordingly.
(2) Where the Court makes a declaration under sub-section (1), the Court
may, by order, approve a scheme for the taking of action by a collective body
of the organization or of a branch of the organization or by an officer or
officers of the organization or of a branch of the organization for the
reconstitution of the branch or part of the branch, or of the collective body,
or to enable it to function effectively, or for the filling of the office or
position.
(3) Before making an order under this section the Court shall satisfy itself
that the order would not do substantial injustice to the organization or to
any member of the organization.
(4) Where any such order is made, the Court may give such ancillary or
consequential directions as it thinks fit.
(5) An order or direction of the Court under this section, and any action
taken in accordance with such an order or direction, has effect
notwithstanding anything in the rules of the organization or of a branch of
the organization.
(6) The Court may determine what notice, summons or rule to show cause is to
be given to other persons of the intention to make an application under this
section or of the intention to make an order under this section, and whether
and how it should be given or served and whether it should be advertised in
any newspaper.
(7) Where -
(a) a scheme to be approved under this section will involve provision for an
election for an office in the organization concerned; and
(b) the rules of the organization in force, or purporting to be in force,
provide, in respect of that office, for -
(i) a collegiate electoral system, or an electoral system which,
although it is not a "collegiate electoral system" as defined in section 4, is
of a similar nature; or
(ii) a direct voting system, or a voting system which, although it is
not a "direct voting system" as defined in section 4, is of a similar nature,
the Court shall not, in proceedings under this section, where sub-paragraph
(b) (i) applies, approve a scheme that provides for an election for that
office otherwise than under a collegiate electoral system or, where
sub-paragraph (b) (ii) applies, approve a scheme that provides for an election
for that office otherwise than under a direct voting system, or in either case
a scheme that departs from the provisions of those rules to a greater extent
than the Court is satisfied is necessary having regard to the requirements of
this Act.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 171E
Application for membership of organization by person treated as having
been a member
SECT
171E. (1) Where a person, not being a member of the organization or a person
who has been expelled from the organization but being a person who is eligible
for membership, applies to be admitted as a member of an organization and has,
up to a time within 1 month before the application, acted in good faith as,
and been treated by the organization as, a member, he is entitled to be
admitted to membership and treated by the organization and its members as
though he had been a member during the whole of the time when he acted as and
was treated by the organization as a member and during the whole of the time
from the time of his application to the time of his admission.
(2) Where a question or dispute arises as to the entitlement under this
section of a person to be admitted as a member and to be treated as though he
had been a member during the time referred to in sub-section (1), that person,
a person who is or desires to become the employer of that person or the
organization may apply to the Court for a declaration as to the entitlement of
that first-mentioned person under this section.
(3) Subject to sub-section (5), the Court has jurisdiction to hear and
determine an application under sub-section (2) and may, notwithstanding
anything contained in the rules of the organization concerned, make such
orders (including mandatory injunctions) to give effect to its determination
as it thinks fit.
(4) The orders which the Court may make under sub-section (3) include an
order requiring the organization concerned to treat a person to whom
sub-section (1) applies as being a member of the organization and as having
been a member during the time referred to in that sub-section.
(5) Where an application is made to the Court under this section -
(a) if the application is made otherwise than by the person whose
entitlement is in question - that person shall be given an opportunity of
being heard by the Court; and
(b) if the application is made otherwise than by the organization concerned
- the organization shall be given an opportunity of being heard by the Court.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 171F
Validation of certain acts
SECT
171F. (1) Subject to this section and to section 171G, upon the expiration
of 4 years from -
(a) the doing of an act -
(i) by, or by persons purporting to act as, a collective body of an
organization or branch of an organization and purporting to exercise power
conferred by or under the rules of the organization or branch; or
(ii) by a person holding or purporting to hold an office or position
in an organization or branch and purporting to exercise power conferred by or
under the rules of the organization or branch;
(b) the election or purported election or the appointment or purported
appointment of a person to an office or position in an organization or branch;
or
(c) the making or purported making or the alteration or purported alteration
of a rule of an organization or branch,
the act, election, purported election, appointment or purported appointment,
or the making or purported making or alteration or purported alteration of the
rule shall, for all purposes, be deemed to have been done in compliance with
the rules of the organization or branch.
(2) The operation of this section shall not affect the validity or
operation
of any order, judgment, decree, declaration, direction, verdict, sentence,
decision or similar judicial act of the Court or any other court made before
the expiration of the 4 years referred to in sub-section (1).
(3) This section extends to an act, election, purported election,
appointment or purported appointment, and to the making or purported making or
alteration or purported alteration of a rule -
(a) done or occurring before the date of commencement of this section; or
(b) in relation to an organization which is an association - done or
occurring in or in connection with the association before the date on which it
was registered as an organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 171G
Order affecting application of section 171B or 171F
SECT
171G. (1) Where, upon an application for an order under this section, the
Court is satisfied that the application of section 171B or section 171F to an
act would do substantial injustice having regard to the interests of the
organization, members or creditors of the organization or persons having
dealings with the organization, the Court shall, by order, declare accordingly
and, where such a declaration is made, section 171B or section 171F, as the
case may be, does not apply, and shall be deemed not to have applied, in
relation to the act referred to in the declaration.
(2) The Court may make an order under sub-section (1) on the application of
the organization, a member of the organization or any person having a
sufficient interest in respect of the organization.
(3) The Court may determine what notice, summons or rule to show cause is to
be given to other persons of the intention to make any such application or of
the intention to make such an order, and whether and how it should be given or
served and whether it should be advertised in any newspaper.
(4) A reference in this section to an act shall be read as including a
reference to an election, purported election, appointment or purported
appointment, and to the making or purported making or alteration or purported
alteration of a rule.
CONCILIATION AND ARBITRATION ACT 1904 - PART X
PART X - INDUSTRIAL AGREEMENTS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 172
Industrial agreements
SECT
172. Any organization may make an industrial agreement with any other
organization or with any person for the prevention and settlement of
industrial disputes existing or future by conciliation and arbitration.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 173
Agreement only affects persons bound by it
SECT
173. No proceedings under any industrial agreement shall extend to affect
any organizations or persons who are not bound by the agreement.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 174
Term and form
SECT
174. Every industrial agreement shall be in writing and for a term to be
specified therein not exceeding 5 years from the date of the making thereof,
and shall be in a form commencing as follows: "This Industrial Agreement made
pursuant to the Conciliation and Arbitration Act 1904, this
day of Between
"; and the date of the making of the agreement shall be the
date when the agreement is first executed by any party thereto, and that date
and the names of all organizations and persons parties to the agreement shall
be truly stated therein.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 175
Duplicate to be filed
SECT
175. A duplicate of every industrial agreement shall be filed in the office
of the Industrial Registrar, and of every organization affected thereby,
within 30 days of the making thereof, and shall be open to inspection as
prescribed, and the Registrar, if thereunto required by any person interested
therein, shall investigate the matter in such manner as he thinks fit, and if
satisfied that the agreement has been duly made and executed pursuant to this
Act, by or on behalf of the parties thereto, shall give a certificate to that
effect, which certificate shall be conclusive evidence that the fact is as
stated.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 176
Effect of industrial agreement
SECT
176. Every industrial agreement shall during its continuance be binding on
-
(a) all parties thereto; and
(b) all members, at any time during such continuance, of any organization
which is a party thereto.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 177
Enforcement of agreement
SECT
177. (1) Any organization or person bound by an industrial agreement shall
for any breach or non-observance of any term of the agreement be liable to a
penalty not exceeding such amount as is fixed by the industrial agreement; and
if no amount is so fixed, then to a penalty not exceeding in the case of an
organization $1,000, in the case of an employer $500, and in the case of an
employee $20.
(2) Such penalties may be proceeded for and recovered in the same manner as
penalties for breach or non-observance of an order or award.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 178
Rescinding or varying of agreement
SECT
178. An industrial agreement may be rescinded or varied by any other
industrial agreement made between the same parties or their representatives.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 179
Variation of agreement to conform with common rule
SECT
179. On the application of an organization made in the prescribed manner,
the Commission may order that an industrial agreement be varied so that, in
relation to employment in a Territory or employment to which Division 1A of
Part III applies, it is in conformity with any common rule declared by the
Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 180
Continuance of agreement unless terminated by notice
SECT
180. In default of any express agreement to the contrary therein contained,
an industrial agreement shall, unless rescinded, and subject to any variation,
continue in force after the expiration of the term specified therein, until
the expiration of one month after some party thereto has given written notice
to the Registrar and to the other parties of his desire to determine it.
CONCILIATION AND ARBITRATION ACT 1904 - PART XI
PART XI - MISCELLANEOUS
CONCILIATION AND ARBITRATION ACT 1904 - SECT 182
Offences in relation to Commission
SECT
182. (1) A person shall not -
(a) wilfully insult or disturb a member of the Commission when exercising
powers of functions;
(b) interrupt the proceedings of the Commission;
(b) interrupt the proceedings of the Commission;
(c) use insulting language towards a member of the Commission; or
(d) by writing or speech use words calculated -
(i) to influence improperly a member of the Commission or a
witness before the Commission; or
(ii) to bring a member of the Commission or the Commission into
disrepute.
Penalty: $500 or imprisonment for 12 months, or both.
(2) A reference in sub-section (1) to the Commission or to a member of the
Commission shall be read as including a reference to a person authorized to
take evidence on behalf of the Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 183
Creating disturbance near Court
SECT
183. Any person creating a disturbance or taking any part in creating or
continuing a disturbance in or near any place in which the Court or the
Commission is sitting shall be guilty of an offence.
Penalty: $200 or imprisonment for 6 months or both.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 184
Contempt by witness
SECT
184. (1) No person who has been summoned to appear or who has appeared
before the Court or the Commission as a witness shall (without just cause
proof whereof shall lie upon him) -
(a) disobey the summons to so appear; or
(b) refuse to be sworn as a witness; or
(c) refuse to answer any question which he is required by the Court or the
Commission to answer; or
(d) refuse to produce any books or documents which he is required by the
Court or the Commission to produce.
Penalty: $500.
(2) A reference in sub-section (1) to the Commission shall be read as
including a reference to a person authorized to take evidence on behalf of the
Commission.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 185
False representation as to membership of organization
SECT
185. A person shall not falsely represent in an application made under this
Act that he is a member of an organization.
Penalty: $500 or imprisonment for 6 months.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 186
Trade secrets, &c., tendered in evidence
SECT
186. (1) If, in any proceedings before the Court or the Commission,
objection is taken that any information tendered as evidence relates to any
trade secret or to the profits or financial position of any witness or party,
that witness or party, or the person entitled to the trade secret, may object
that the information so relates and thereupon information so relating shall
not be given as evidence except in pursuance of the direction of the Court or
Commission, and, if given, shall not be published in any newspaper or
otherwise without an order of the Court or Commission permitting such
publication.
(2) Where the Court or the Commission directs that information relating to a
trade secret or to the profits or financial position of any witness or party
shall be given in evidence that evidence shall, if the witness or party or the
person entitled to the trade secret so requests, be taken in private.
(3) The Court or the Commission may direct that any evidence given in
proceedings before it or the contents of any book, paper or document produced
for inspection shall not be published.
(4) Any person who gives as evidence, or publishes, any information in
contravention of this section or of any direction or order given or made
thereunder shall be guilty of an offence.
Penalty: $1,000 or imprisonment for 6 months.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 187
Inspection of books, &c.
SECT
187. All books, papers, documents and things produced in evidence before the
Court or the Commission may be inspected by the Court or the Commission or by
such of the parties as the Court or the Commission allows.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 188
Offences by organizations in relation to industrial action
SECT
188. (1) An organization -
(a) shall not advise, encourage or incite an employer to take action in
relation to a person that would, if taken, be a contravention of paragraph 5
(1) (aa), (ab) or (ac) or (1A) (aa), (ba) or (bb);
(b) shall not take, or threaten to take, industrial action against an
employer with the intent to coerce the employer to take action in relation to
a person that would, if taken, be a contravention of paragraph 5 (1) (aa),
(ab) or (ac) or (1A) (aa), (ba) or (bb);
(c) shall not take, or threaten to take, any action having the effect,
directly or indirectly, of prejudicing a person in his employment with the
intent to coerce the person to join in industrial action;
(d) shall not impose, or threaten to impose, a penalty, forfeiture or
disability of any kind upon a member of the organization with the intent to
coerce the member to join in industrial action;
(e) shall not impose or threaten to impose, a penalty, forfeiture or
disability of any kind upon a member of the organization by reason of the
circumstance that the member has refused or failed to join in industrial
action;
(f) shall not take, or threaten to take, any action having the effect,
directly or indirectly, of prejudicing a person in his employment with the
intent to deter the person from making application to the Commission for an
order under section 45 for the holding of a secret ballot; or
(g) shall not impose, or threaten to impose, a penalty, forfeiture or
disability of any kind upon a member of the organization by reason of the
circumstance that the member -
(i) has made, or proposes, or has at any time proposed, to make,
application to the Commission for an order under section 45 for the holding of
a secret ballot; or
(ii) has participated in, or proposed, or has at any time proposed,
to participate in, a secret ballot ordered by the Commission under section 45.
(2) A contravention of sub-section (1) is an offence against that
sub-section punishable, upon conviction, by -
(a) where the action constituting the offence has continued for more than a
day - a penalty not exceeding a fine of $400 for each day during which that
action has continued; or
(b) in any other case - a penalty not exceeding a fine of $400.
(3) In any proceedings for an offence against sub-section (1), if all the
relevant facts and circumstances, other than the reason or intent of an action
alleged in the charge, are proved, it lies upon the person charged to prove
that that action was not actuated by that reason or taken with that intent.
(4) For the purposes of this section, an action taken by -
(a) the committee of management of an organization;
(b) the committee of management of a branch of an organization;
(c) an officer, employee or agent of an organization;
(d) a group of members of an organization; or
(e) a member of an organization who performs the function of dealing with an
employer on behalf of himself and other members of the organization,
shall be deemed to have been taken by the organization.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 188A
Furnishing of rules of organization
SECT
188A. If a member of an organization requests the secretary, or a person
performing in whole or in part the duties of secretary, of the organization or
of a branch of the organization, to furnish to the member a copy of the rules
of the organization or of the branch of the organization, the secretary or
other person to whom the request is made shall, within 7 days after that
request is made and upon payment or tender by the member of such amount, not
exceeding the prescribed amount, as the secretary or other person may require,
furnish to the member a copy of the rules of the organization or branch, as
the case may be, as in force at the time of the request or a copy of those
rules as in force at an earlier time together with a copy of each amendment of
the rules made since that time and before the time of the request.
Penalty: $50.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 189
Jurisdiction of State Courts
SECT
189. For the purposes of this Act, a State Court or Magistrate, whose
jurisdiction is limited, as to area, subject-matter, or parties, to any part
of a State, shall be deemed to have jurisdiction throughout the State:
Provided that on the hearing of any proceeding in a Court of competent
jurisdiction for the recovery of any penalty, fine, fee, levy, or due, the
Court , if in the interests of justice it thinks fit, may adjourn the hearing
to a Court of competent jurisdiction to be held at some other place in the
same State.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 190
Meaning of expressions in awards
SECT
190. Expressions used in any award made under this Act shall, unless the
contrary intention appears in the award, have the same meaning as is applied
to those expressions by the Acts Interpretation Act 1901.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 191
Court may impose penalties for offences
SECT
191. (1) A person who has committed an offence against this Act or the
regulations may be charged accordingly before the Court and the Court may
impose the penalty provided by this Act or the regulations in respect of that
offence.
(2) Proceedings before the Court under this section may be instituted by
summons issued upon information, without indictment.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 192
Awards to be available at Registries
SECT
192. Copies of every award and of every order varying an award or affecting
the operation of an award shall be sent to each Registry as soon as possible
after the making thereof and shall be open for inspection.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 193
Evidence of awards
SECT
193. An office copy of an order or award, purporting to be sealed with the
seal of the Commission or certified to be true under the hand of the
Registrar, shall be received in all Courts as evidence of the order or award
without proof of the seal of the Commission or of the signature of the
Registrar.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 195
Incorporation of variations in reprints of awards
SECT
195. (1) Where an award has, whether before or after the commencement of
this section, been varied, the award shall, in any reprint of the award made
by the Government Printer, be printed as so varied.
(2) In a reprint of an award as varied, reference shall be made to each
award by which the award was varied.
(3) A printed paper purporting to be a copy of a reprint or an award as
varied and to be printed by the Government Printer is, in all courts, evidence
of the award as varied.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 196
Proceedings by and against clubs
SECT
196. (1) For the purposes of this Act the treasurer of a club shall be
deemed to be the employer of any person employed for the purposes or on behalf
of the club, and any proceedings which under this Act may be taken by or
against the club, may be taken by or against the treasurer on behalf of the
club.
(2) The treasurer is authorized to retain out of the funds of the club so
much money as is sufficient to meet any payments made by him on behalf of the
club in pursuance of this section.
(3) In this section "the treasurer" includes any person having possession or
control of any funds of the club.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 197
Contracts entered into by agents of employers
SECT
197. A person carrying on the business of an employment agency shall not, as
agent for an employer, make a contract or agreement for the employment of an
employee on terms and conditions less favourable to the employee than the
terms and conditions of an order or award binding on the employer and
employee.
Penalty: $500.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 197A
Costs
SECT
197A. A party to -
(a) a proceeding before the Commission or the Registrar;
(b) a proceeding, including an appeal, before the Court, or before a court
of a State or Territory, in a matter arising under this Act; or
(c) a proceeding before the High Court -
(i) being an appeal from a judgment, decree, order or sentence of
the Court or any other court under this Act; or
(ii) being a proceeding in respect of an award proposed to be made,
made or purporting to have been made, a decision proposed to be given, given
or purporting to have been given, or any other act proposed to be done, done
or purporting to have been done, under this Act or in respect of a failure to
make an award, give a decision or do any other act that is required or
permitted by this Act to be made, given or done,
shall not be ordered to pay any costs incurred by any other party to that
proceeding except where the party against whom the order is made instituted
the proceeding vexatiously or without reasonable cause.
CONCILIATION AND ARBITRATION ACT 1904 - SECT 198
Regulations
SECT
198. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or permitted
to be prescribed or which are necessary or convenient to be prescribed for
carrying out or giving effect to this Act, and in particular -
(a) for regulating the practice and procedure of the Court and of the
Commission;
(aa) for regulating any matters with respect to the costs and expenses
(including the expenses of witnesses) of proceedings before the Court,
including proceedings dismissed for want of jurisdiction, and providing for
the taxation of those costs and expenses and the review of any such taxation
by the Court;
(b) for prescribing the fees to be charged in respect of proceedings under
this Act;
(ba) for authorizing the making of orders with respect to the costs and
expenses (including the expenses of witnesses) of proceedings before the
Commission, other than proceedings under Divisions 1 to 5 (inclusive) of Part
III, or before the Registrar;
(c) for prescribing the duties of the Industrial Registrar, the Deputy
Industrial Registrars and any other officers of the Court;
(ca) for and in relation to requiring, or authorizing a prescribed person to
require, the furnishing by all or any organizations of information concerning
matters relevant to the conduct of elections for officers in organizations and
branches of organizations;
(d) for providing for the exhibiting, on the premises of an employer bound
by an order or award, of any of the terms of the order or award; and
(e) for prescribing penalties not exceeding a fine of $500 or imprisonment
for a period not exceeding 6 months, or both, for offences against the
regulations.
(2) The power conferred by sub-section (1) to make regulations with respect
to the matters referred to in paragraphs (1) (a), (aa) and (ba) includes power
to make regulations with respect to those matters in relation to any
jurisdiction conferred on the Court or the Commission by any other Act,
whether passed before or after this Act.
CONCILIATION AND ARBITRATION ACT 1904 - SCHEDULE
SCH
THE SCHEDULE Sections 11, 19, 94 and
103
I, , do swear that I will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and
Successors
and Successors according to law,
that I will well and truly serve Her in the office of (insert name of office)
and that I will faithfully and
impartially perform the duties of that office. So Help Me God]
Or, I , do solemnly and sincerely promise and declare
that (as above, omitting the words "So Help Me God]").