Conciliation and Arbitration Act 1969 (Cth)

Conciliation and Arbitration

No. 12 of 1969

An Act to amend the Conciliation and Arbitration Act 1904-1968.

[Assented to 23 April 1969]

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

Short title and citation.

1.—(1.) This Act may be cited as the Conciliation and Arbitration Act 1969.

(2.) The Conciliation and Arbitration Act 1904-1968 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Conciliation and Arbitration Act 1904-1969.

Commencement.

2.This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended by inserting in paragraph (e) of the definition of “Industrial dispute” in sub-section (1.), after the word “Arbitrator”, the words “or a Deputy Public Service Arbitrator”.

Preservation of rights of Commissioners.

4. Section 12 of the Principal Act is amended—

(a)by omitting from sub-paragraph (ii) of paragraph (a) of subsection (1.) the word “or”;

(b)by inserting after paragraph (a) of sub-section (1.) the following paragraph:—

“(aa) a Commissioner—

(i) was, immediately before his appointment, a Conciliator; and

(ii) was, immediately before his appointment as a Conciliator, an officer of the Public Service of the Commonwealth; or”;

(c) by inserting in sub-section (1.), after the words “as a Conciliation Commissioner and as a Commissioner,”, the words “as a Conciliator and as a Commissioner,”; and

(d)by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-section:—

“(2.) Where—

(a) a Commissioner—

(i) was, immediately before his appointment, a Conciliator; and

(ii) was, immediately before his appointment as a Conciliator, an officer of the Public Service of a State; or

(b)a Commissioner 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.”.

5.Section 20 of the Principal Act is repealed and the following section inserted in its stead:—

Preservation of rights of Conciliators.

“20. Section twelve of this Act, so far as it is capable of application, and sections thirteen, fourteen and fifteen of this Act, apply to a Conciliator as though the references in those sections to a Commissioner were references to a Conciliator.”.

Powers of the Commission in relation to matters affecting employees of the Commonwealth.

6. Section 41a of the Principal Act is amended by omitting paragraph (a)of sub-section (2.) and inserting in its stead the following paragraph:—

“(a)in the case of an award made by the Commission otherwise than under section thirty-four or section thirty-five of this Act—

(i) the award were a determination of the Public Service Arbitrator; and

(ii) any reference in those provisions to the Public Service Arbitrator were a reference to the Commission; and”.

Offences in relation to Commission.

7. Section 182 of the Principal Act is amended by omitting from paragraph (a)