Commonwealth Conciliation and Arbitration Regulations (Provisional) (Cth)

STATUTORY RULES.

1905. No. 12.

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PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Conciliation and Arbitration Act 1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 26th day of January, One thousand nine hundred and five.

NORTHCOTE,

Governor-General.

By His Excellency’s Command,

J. H. SYMON.

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Application for Registration of an Organization.

1. The application for registration of an association as an organization (in these regulations referred to as the application) may be made in Form 1 or Form 2 in the Schedule applicable to the case, and shall be declared to by the applicants before the Registrar or before a Justice of the Peace of the Commonwealth or part of the Commonwealth or of a State or part of a State.

Penalty For False Statement in Declaration.

2. If any applicant wilfully makes any false statement in the application he shall be guilty of an offence, and liable, on summary conviction, to imprisonment with or without hard labour for a term not exceeding six months.

Time of Receipt of Applications.

3. The application shall be filed with the Registrar by the applicants or some person on their behalf, and the Registrar shall note thereon the date and hour of its receipt.

Order in which Applications to be Dealt with.

4.Applications shall be dealt with, as far as practicable, in the order in which they are received.

Right of Applicants to be Heard.

5. The Registrar shall not refuse to grant the application until he has given to the applicants an opportunity of being heard in support of it.

Certificate of Registration.

6. The certificate of registration of an association as an organization may be in the Form 3 in the Schedule.

Modifications of Conditions for Registration.

6. (1) Until a District Registry has been established in a State, the application for the registration of an association whose office is situated in that State, may be made to the Industrial Registrar at the Principal Registry. The conditions in Schedule B to the Act are hereby modified so far as is necessary to give effect to this regulation.

(2) The Industrial Registrar shall keep a separate register book in respect of that State, and shall enter therein particulars of all registered organizations whose offices are situate in that State, and such organizations shall be deemed to be registered in that State.

(3) When a District Registry is established in that State, that register book shall be forwarded to the Deputy Industrial Registrar at the district registry so established, and shall be deemed the register of organizations registered at that registry.

 

THE SCHEDULE.

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Form 1.

Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904.

APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYERS AS AN ORGANIZATION.

We [here set out names in full, addresses, and occupations of applicants]hereby make application for the registration of an association called [here set out the name of the association]as an organization of employers under the Commonwealth Conciliation and Arbitration Act 1904, and we declare as follows:—

1. That the said association is an association of employers in or in connexion with the [here set out name of industry]industry who have in the aggregate throughout the six months next preceding the date of this application employed on an average taken per month not less than one hundred employees in that industry.

2. That the copies of the lists of members and officers of the association accompanying this application are true and correct copies of the lists of the members and officers of the association.

3. That the copies of the rules of the association accompanying this application are true and correct copies of the rules of the association.

4. That on the day of 19 [here set out a resolution was passed by a majority of the members present at a general meeting of the association specially called in accordance with the rules for that purpose only, desiring registration of the association as an organization or a resolution by the Committee of Management of the said association was passed by an absolute majority of the Committee desiring registration of the association as an organization] and that the copies of that resolution accompanying this application are true and correct copies thereof.

5. That we the applicants are officers of the association, and are authorized to make this application.

And we make this application conscientiously believing the statements therein to be true.

Signatures of Applicants—

* Declared before me at the day of 190 .

 

Note.—To be addressed to the Industrial Registrar or to the Deputy Industrial Registrar as the case requires setting out the Registry at which it is to be filed.

* To be made before the Registrar or before a Justice of the Peace of the Commonwealth or part of the Commonwealth, or of a State or part of a State.

Form 2.

Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904.

APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYEES AS AN ORGANIZATION.

We[here set out names in full addresses, and occupations of applicants]hereby make application for the registration of an association called [here set out the name of the association]as an organization of employees under the Commonwealth Conciliation and Arbitration Act 1904, and we declare as follows:—

1. That the said association is an association of employees in or in connexion with the [here set out name of industry] industry.

2. That the number of employees in or in connexion with the said industry who are members of the association is not less than one hundred.

3. That the copies of the lists of members and officers of the association accompanying this application are true and correct copies of the lists of the members and officers of the association.

4. That the copies of the rules of the association accompanying this application are true and correct copies of the rules of the association.

5. That on the day of 19 [here set out a resolution was passed by a majority of the members present at a general meeting of the association specially called in accordance with the rules for that purpose only, desiring registration of the association as an organization or a resolution by the Committee of Management of the said association was passed by an absolute majority of the Committee desiring registration of the association as an organization] and that the copies of that resolution accompanying this application are true and correct copies thereof.

6. That we, the applicants, are officers of the association, and are authorized to make this application.

And we make this application conscientiously believing the statements therein to be true.

Signatures of Applicants—

*Declared before me at the day of 19 .

 

Note.—To be addressed to the Industrial Registrar or the Deputy Industrial Registrar as the case requires setting out the Registry at which it is to be filed.

* To be made before the Registrar or before a Justice of the Peace of the Commonwealth or part of the Commonwealth, or of a State or part of the State.

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Form 3.

Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904.

CERTIFICATE OF REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION OF (EMPLOYERS OR EMPLOYEES, AS THE CASE MAY BE.)

I [here set out name and title of Registrar] hereby certify that on the day of  One thousand nine hundred and an association called [here set out name of the association] was registered as an organization of [here set out employers or employees, as the case may be]under the Commonwealth Conciliation and Arbitration Act 1904

Dated at in the State of this day of  19 .

Industrial Registrar or Deputy Industrial Registrar, as the case requires.

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.