Commonwealth Conciliation and Arbitration Act 1909 (Cth)

 

COMMONWEALTH CONCILIATION

AND ARBITRATION

 

No. 28 of 1909.

An Act to amend the Commonwealth Conciliation and Arbitration Act 1904.

[Assented to 13th December, 1909.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.—(1.) This Act may be cited as the Commonwealth Conciliation and Arbitration Act 1909.

(2.) The Commonwealth Conciliation and Arbitration Act 1904 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Conciliation and Arbitration Act 1904–1909.

2.Part II. of the Principal Act is amended by omitting sections nine and ten and inserting in lieu thereof the following sections:—

Employer not to dismiss employее on account of application.

“9.—(1.) No employer shall dismiss any employee from his employment or injure him in his employment by reason merely of the fact that the employee is an officer or member of an organization, or of an association that has applied to be registered as an organization or is entitled to the benefit of an industrial agreement or award.

Penalty: Twenty pounds.

 

“(2.) No proceeding for any contravention of this section shall be instituted without the leave of the President or the Registrar.

Onus on employer.

“(3.) In any proceeding for any contravention of this section, it shall lie upon the employer to show that any employee, proved to have been dismissed or injured in his employment whilst an officer or member of an organization or such an association or whilst entitled as aforesaid, was dismissed or injured in his employment for some reason other than that mentioned in this section.

Employee not to cease work on account of application of employer.

“10.—(1.) No employee shall cease work in the service of an employer by reason merely of the fact that the employer is an officer or member of an organization, or of an association that has applied for registration as an organization or is entitled to the benefit of an industrial agreement or award.

Penalty: Ten pounds.

“(2.) No proceeding for any contravention of this section shall be instituted without the leave of the President or the Registrar.

Onus on employee.

“(3.) In any proceeding for any contravention of this section, it shall He upon the employee, proved to have ceased work in the service of an employer whilst the employer was an officer or member of an organization or such an association or was entitled as aforesaid, to show that he ceased so to work for some reason other than that mentioned in this section.”

3.Section forty-three of the Principal Act is repealed and the following section substituted in lieu thereof:—

Rules of Court.

“43.—(1.) The President may, subject to the approval of the Governor-General, make rules not inconsistent with this Act or the Regulations—

(a)for regulating the practice and procedure of the Court; and

(b) for prescribing the duties of the Industrial Registrar, the Deputy Industrial Registrars, and any other officers of the Court.

“(2.) Subject to this Act and to the rules, the practice and procedure of the Court and the duties of the Industrial Registrar, the Deputy Industrial Registrars, and other officers of the Court shall be as directed by the President.

“(3.) All such rules shall—

(a) be notified in the Gazette;

(b) take effect from the date of notification, or from a later date specified in the rules; and

(c)be laid before both Houses of the Parliament within thirty days of the making thereof, or, if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament.

“(4.) If either House of the Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such rules have been laid before such House disallowing any rule, such rule shall thereupon cease to have effect.”

Amendment of s. 59 of Principal Act.

4.Section fifty-nine of the Principal Act is amended—

(a)by omitting the word “may” and inserting in lieu thereof the words “shall, unless in all the circumstances he thinks it undesirable so to do”; and

(b) by omitting the words “in the State in which the application is made.”

Amendment of s. 83 of Principal Act.

5. Section eighty-three of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) Nothing in this section shall be taken to derogate from the power of the Court to punish for contempt.”