Conciliation and Arbitration Act 1972 (Cth)
An Act relating to Conciliation and Arbitration.
[
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
(2.) The
(3.) The
Principal Act, as amended by this Act, may be cited as the
(2.) Sections 41, 50 and 54 of this Act shall come into operation on such respective dates as are fixed by Proclamation.
(3.) Sections 52 and 69 of this Act shall be deemed to have come into operation on the twenty-sixth day of May, One thousand nine hundred and seventy-two.
(4.) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
Part I.—Preliminary (Sections 1–3).
Part II.—Amendments of the
Conciliation and Arbitration Act 1904–1970 (Sections 4–55).Part III.—Transitional and Saving Provisions (Sections 56–70).
Part II.—Amendments of the Conciliation and Arbitration Act 1904–1970.
(
a )by omitting the word and figures “Sections 6–21” and inserting in their stead the word and figures “Sections 6–17”;(
b )by omitting the word and figures “Sections 22–70” and inserting in their stead the word and figures “Sections 18–70”; and(
c ) by inserting after the words—“Part VIII.—Registered Organizations (Sections 132–158).”
the words—
“Part VIIIa.—Amalgamation of Organizations (Sections 158a–158u).”.
(
a ) by inserting in sub-section (1.), before the definition of “Association”, the following definition:—“‘Arbitration Commissioner’ means a Commissioner who is designated as an Arbitration Commissioner in accordance with section six of this Act;”;
(
b )by omitting from that sub-section the definitions of “Commissioner” and “Conciliator” and inserting in their stead the following definitions:—“‘Commissioner’ means a Commissioner appointed under this Act;
‘Conciliation Commissioner’ means a Commissioner who is designated as a Conciliation Commissioner in accordance with section six of this Act;”;
(
c ) by inserting in that sub-section, after the definition of “Employee”, the following definition:—“‘Full Bench’ means a Full Bench of the Commission constituted in accordance with section seventeen of this Act;”;
(
d )by omitting from that sub-section the definition of “Presidential member of the Commission” and inserting in its stead the following definition:—“‘Presidential Member’ or ‘presidential member of the Commission’ means the President or a Deputy President;”;
(
e ) by omitting from that sub-section the definition of “The Commission in Presidential Session”;(
f ) by omitting from that sub-section the definition of “The Senior Commissioner” and inserting in its stead the following definition:—“‘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;”; and
(
g )by adding at the end of the definition of “The Trade Practices Tribunal” in that sub-section the words “or under theRestrictive Trade Practices Act 1971”.
(
a ) by omitting from paragraph (a )of sub-section (1.) the word “is” and inserting in its stead the words “is or has been, or proposes, or has at any time proposed, to become,”; and(
b ) by omitting paragraph (c ) of that sub-section and inserting in its stead the following paragraph:—“(
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”.
(
a ) by omitting paragraphs (b ), (c ) and (d )of sub-section (1.) and inserting in their stead the following paragraphs:—“(
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.”; and(
b ) by adding at the end thereof the following sub-sections:—“(3.) The Governor-General shall designate each Commissioner (including a Commissioner appointed before the commencement of this sub-section) either as an Arbitration Commissioner or as a Conciliation Commissioner, and may at any time alter the designation of a Commissioner.
“(4.) Subject to this Act, the Commission may be constituted, for the purposes of the exercise of its powers, by a Conciliation Commissioner, an Arbitration Commissioner, a Presidential Member or a Full Bench.”.
(
a )by omitting sub-section (1.) and inserting in its stead the following sub-sections:—“(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 the Commonwealth of not less than five 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 the Commonwealth of not less than five 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 five 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.”;
(
b )by omitting from sub-section (3.) the words “seventy years” and inserting in their stead the words “sixty-five years”; and(
c ) by omitting sub-section (5.) and inserting in its stead the following sub-section:—“(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 theConciliation and Arbitration Act 1972 received the Royal Assent, have the same designation, rank, status and precedence as a Judge of the Court; and(
b )a Deputy President appointed on or after that day has the same rank, status and precedence as a Judge of the Court.”.
(
a )by Inserting in sub-section (1.), after the word “Commission” (second occurring), the words “, being a person who is qualified to be appointed as the President,”; and(
b )by omitting from sub-section (2.) the words “a presidential member of the Commission” (second occurring) and inserting, in their stead the words “as a Deputy President”.
“(3.) If
a person appointed as a Deputy President was, immediately before his
appointment, an officer of the Public Service of the Commonwealth or a person
to whom the
(
a ) he retains his existing and accruing rights;(
b )for the purpose of determining those rights, his service as a Deputy President shall be taken into account as if it were service in the Public Service of the Commonwealth; and(
c ) theOfficers ’Rights Declaration Act 1928–1969 applies as if this Act and this section had been specified in the Schedule to that Act.
“(4.) The
“(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.
“(6.) In this section—
(
a )a reference to a Conciliation Commissioner shall be read as a reference to a Conciliation Commissioner under theConciliation and Arbitration Act 1904–1955; and(
b )a reference to a Conciliator shall be read as a reference to a Conciliator under this Act as in force at any time before the date of commencement of this sub-section.”.
“16.—(1.) A Commissioner shall be paid salary at the rate of Eleven thousand eight hundred and fifty dollars a year, and the Consolidated Revenue Fund is appropriated accordingly.
“(2.) A Commissioner shall be paid such allowances (not including an annual allowance) as are prescribed.
“17.—(1.) A Full Bench of the Commission consists of at least three members of the Commission, each of whom is either a Presidential Member or an Arbitration Commissioner.
“(2.) A Full Bench of the Commission shall include at least two Presidential Members.
“(3.) The members of the Commission to constitute a Full Bench shall be determined by the President.”.
(2.) If a person holds office as the Senior Commissioner immediately before the date of commencement of this section, he shall be paid salary at the rate of Twelve thousand eight hundred and fifty dollars a year for so long as he continues to be a Commissioner and the salary payable to Commissioners generally does not exceed that amount.
“18. The Commission is empowered to prevent or settle industrial disputes by conciliation or arbitration.
“19. Each member of the Commission shall keep himself acquainted with industrial affairs and conditions.
“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.
“21. 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.
“22.—(1.) Except as otherwise provided by this Act—
(
a ) the powers of the Commission with respect to conciliation shall be exercised by Conciliation Commissioners; and(
b )the powers of the Commission with respect to arbitration shall be exercised by Presidential Members and Arbitration Commissioners.
“(2.) Except as otherwise provided by this Act, a power of the Commission is exercisable by a single member of the Commission.
“(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.
“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, at least one Arbitration Commissioner and at least one Conciliation 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.) The last preceding sub-section 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 2, 3, 4 and 5 of this Part 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.
“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.
“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 to a Conciliation Commissioner.
“(5.) If the Presidential Member does not refer the industrial dispute to a Conciliation Commissioner, the Commission shall endeavour to prevent or settle the dispute by arbitration.
“26.—(1.) Where an industrial dispute has been referred to a Conciliation Commissioner, the Conciliation Commissioner 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 Conciliation Commissioner 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.
“27.—(1.) For the purposes of the performance of his functions in respect of an industrial dispute, a Conciliation Commissioner 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 Conciliation Commissioner or by such other person as the Conciliation Commissioner determines.
“(2.) In determining the persons to whom directions are to be given under the last preceding sub-section, the Commissioner 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.) of this section may be given orally, in writing signed by the Commissioner or by telegram sent by him.
“(4.) A direction under sub-section (1.) of this section 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 Commissioner thinks is likely to conduce to the prevention or settlement of the industrial dispute.
“(5.) A person directed under sub-section (1.) of this section shall attend the conference and continue his attendance as directed by the person presiding over the conference.
Penalty: One thousand dollars.
“(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.
“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 Conciliation Commissioner to certify the memorandum; or(
b )request a Conciliation Commissioner to make an award or order giving effect to their agreement,
and, subject to this section, the Conciliation Commissioner may, by order to which a copy of the memorandum is attached, certify the memorandum or may make an award or order accordingly.
“(2.) A Conciliation Commissioner shall refuse to certify a memorandum or make an award or order in accordance with this section if 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.
“(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.
“29.—(1.) Conciliation proceedings before a Conciliation Commissioner 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 the last preceding section 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 Conciliation Commissioner 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 Conciliation Commissioner 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.
“30.—(1.) When conciliation proceedings before a Conciliation Commissioner in respect of an industrial dispute have been completed, the Conciliation Commissioner shall report to the relevant Presidential Member as to the matters in dispute and 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.
“(2.) If the report shows that 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.
“(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 twenty-eight of this Act 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 Conciliation Commissioner 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 Conciliation Commissioner, or at a conference (whether compulsory or not) arranged by a Conciliation Commissioner.
“31.—(1.) The power of the Commission to make an award, or to certify, under section twenty-eight of this Act, 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 adult males without regard to the work performed or to the industry in which they are employed;(
d )altering rates of wages for females on grounds pertaining to the relationship between rates of wages for females and rates of wages for males, except where the alteration is in accordance with principles determined by a Full Bench; 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,
is exercisable by a Full Bench that includes not less than three Presidential Members, and not otherwise.
“(2.) Notwithstanding the last preceding sub-section—
(
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.) of this section applies, the Commission as so constituted shall refer the question to the President and—
(
a )if the opinion of the President is that the matter is not such a matter, the Commission constituted otherwise than as a Full Bench of the kind referred to in sub-section (1.) of this section is, subject to the provisions of this Act other than this section, empowered to make an award with respect to the matter; or(
b )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.) of this section is empowered to make an award with respect to the matter.
“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 twenty-eight of this Act 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.) The last preceding sub-section does not prevent the exercise of a power referred to in that sub-section by a Full Bench acting under section thirty-four or thirty-five of this Act.
“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 the last preceding sub-section, 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.) of this section or before such a notice has been dealt with by a Presidential Member, the organization or person may apply for a certificate under the next succeeding sub-section in respect of the conduct.
“(5.) Proceedings under section one hundred and nineteen of this Act 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 the last preceding sub-section 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.) of this section, 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.) of this section,
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.) of this section; 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 not refuse an application for a certificate under sub-section (5.) of this section in relation to the conduct unless he is satisfied that a prompt settlement of the matters giving rise to the conduct will be effected or that the conduct 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.) of this section, 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 thirty-six of the
(
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.) of this section 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.
“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.) A party to an industrial dispute that is being dealt with by a member of the Commission (in this section referred to as ‘the member concerned’) may apply to the member concerned 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.) If the member concerned 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.
“(5.) If the President, having regard to the reasons for the application, is of the opinion that the industrial dispute, or the part of the industrial dispute, as the case may be, should, in the public interest, be dealt with as provided by this section, he shall direct accordingly.
“(6.) Where the President so directs, the Commission shall, subject to the next succeeding sub-section, hear and determine the industrial dispute or the part of the industrial dispute, as the case may be, and, in the hearing, may have regard to any evidence given and any arguments adduced in arbitration proceedings in relation to the dispute or the part of the dispute before the Commission commenced the hearing.
“(7.) Where the President has given a direction under this section in respect of an industrial dispute, the Commission may refer a part of the dispute to a Presidential Member or an Arbitration 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 an Arbitration 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 forty-three of this Act, and the Commission shall have regard to the evidence so taken in hearing and determining the dispute or the part of the dispute.
“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, 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 certifying, or refusing to certify, a memorandum under section twenty-eight of this Act; or(
c ) a decision of a member in a matter arising under paragraph (d ) of sub-section (1.) of section forty-one of this Act.
“(3.) An appeal does not lie under the last preceding sub-section 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.) of this section—
(
a )shall be made within twenty-one 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 (
a )of that sub-section—by an organization or person bound by the award or aggrieved by the decision;(ii) in the case of an appeal under paragraph (
b )of that sub-section—by a party to the agreement the subject of the memorandum; or(iii) in the case of an appeal under paragraph (
c ) of that sub-section—by an organization or person aggrieved by the decision.
“(5.) Where—
(
a )a member has made an award, or has made a decision under section twenty-eight of this Act by virtue of which an award is to be deemed to have been made, being an award that affects or supersedes, in whole or in part, a previous award; and(
b )the award so made or to be deemed to have been made is binding on some only of the organizations and persons who were bound by the previous award,
an organization which, or a person who, is bound by the previous award but is not bound by the award so made or to be deemed to have been made may, within twenty-one days after the date of the award or decision, appeal to the Commission against the award or decision and, if the Commission is satisfied that the organization or person has a sufficient interest to justify the institution of the appeal and that the award or decision is of such importance that, in the public interest, an appeal should lie, the Commission shall hear and determine the appeal.
“(6.) In an appeal under the last preceding sub-section, the organization or person appealing, and all parties to the proceedings in which the award or decision was given, are parties to the proceedings on the appeal.
“(7.) An appeal under sub-section (5.) of this section—
(
a ) may be made notwithstanding that an appeal has been instituted under sub-section (2.) of this section against the award or decision; and(
b )does not affect the right of an organization or person to appeal under sub-section (2.) of this section against the award or decision,
and may be dealt with in the same proceedings as an appeal under sub-section (2.) of this section.
“(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 (
“(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.”.
“(
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”.
“(2.) In proceedings before the Commission under section thirty-one, section thirty-four or section thirty-five of this Act, the Commission shall, in considering the public interest, have regard, in particular, to the state of the national economy and the likely effects on that economy of any award that might be made in the proceedings.”.
“(4.) An award shall be made by an instrument signed by the member, or by one of the members, of the Commission making the award as soon as possible after the Commission has reached a decision requiring the
making of the award 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.
“(5.) The award shall be filed in the office of the Registrar and copies of the award shall, subject to the regulations, be made available to the parties on the date of the award.”.
(
a )by omitting sub-section (1.) and inserting in its stead the following sub-section:—“(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.”; and
(
b ) by omitting paragraph (a ) of sub-section (3.).
“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 a work ban exists or is threatened, impending or probable; and(
b )that the cessation or prevention of the work ban, or the settlement of matters giving rise to the ban, 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 concerned, or of a branch of that 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.
“(3.) The powers of the Commission under the preceding provisions of this section are exercisable by a Presidential Member or a Full Bench and not otherwise.
“(4.) The
powers that the Coal Industry Tribunal is to have by virtue of section
thirty-four of the
“(5.) In this section, ‘work ban’ means a ban, limitation or restriction, by an organization or all or any of the members of an organization, 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 or by an award, determination or order made by another tribunal in pursuance of a law of the Commonwealth.
“45a.—(1.) Where, under the last preceding section, 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.
“(2.) Where
a direction is given in accordance with paragraph (
(
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 Chief Electoral Officer of the Commonwealth for the conduct of the ballot by a Commonwealth Electoral Officer or a Returning Officer holding office under theCommonwealth Electoral Act 1918–1966.
“(3.) Where
a direction is given in accordance with paragraph (
“46.—(1.) An organization or other person to whom a direction has been given under the last preceding section shall comply with the direction.
“(2.) An officer of an organization, upon being notified by the person conducting a ballot ordered under section forty-five of this Act 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 connexion with a ballot ordered under section forty-five of this Act—
(
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 connexion with a ballot ordered under section forty-five of this Act—
(
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 connexion with a ballot ordered under section forty-five of this Act—
(
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: Five hundred dollars or imprisonment for six months.”.
“(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.”.
“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 of the Commonwealth; or
(iii) trade and commerce in a Territory of the Commonwealth,
whether or not an industrial dispute exists in relation to those matters.
“73.—(1.) Subject to this section, the powers of the Commission in respect of industrial questions are exercisable by the Commission constituted by a Presidential Member 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 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 section thirty-one, thirty-four or thirty-five of this Act are exercisable by a Full Bench, and not otherwise, and, in the case of powers under section thirty-one of this Act, the Full Bench shall include not less than three Presidential Members.
“(4.) In relation to industrial questions, the powers of the Commission that are exercisable under Division 1 of this Part by a Conciliation Commissioner are exercisable by a Conciliation Commissioner assigned by the President for the purposes of this Division, or by a Conciliation Commissioner assigned by the President for the purposes of the particular industrial question, and not otherwise.
“74.—(1.) Subject to this Division, Division 1 of this Part 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 of this Part in accordance with the last preceding sub-section—
(
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 seventy-two of this Act, 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.”.
“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.
“78.—(1.) Subject to this section, the powers of the Commission in respect of industrial questions are exercisable by the Commission constituted by a Presidential Member 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 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 section thirty-one, thirty-four or thirty-five of this Act are exercisable by a Full Bench, and not otherwise, and, in the case of powers under section thirty-one of this Act, the Full Bench shall include not less than three Presidential Members.
“(4.) In relation to industrial questions, the powers of the Commission that are exercisable under Division 1 of this Part by a Conciliation Commissioner are exercisable by a Conciliation Commissioner assigned by the President for the purposes of this Division, or by a Conciliation Commissioner assigned by the President for the purposes of the particular industrial question, and not otherwise.”.
“(2.) In the application of Division 1 of this Part in accordance with the last preceding sub-section—
(
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 seventy-seven of this Act, 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.”.
“(1.) Subject to this section, the powers of the Commission in respect of industrial questions are exercisable by the Commission constituted by a Presidential Member assigned by the President for the purposes of this Division, and not otherwise.
“(1a.) Subject to the succeeding provisions of this section, 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.
“(2.) In relation to industrial questions, the powers of the Commission under section thirty-one, thirty-four or thirty-five of this Act are exercisable by a Full Bench, and not otherwise, and, in the case of powers under section thirty-one of this Act, the Full Bench shall include not less than three Presidential Members.
“(2a.) In relation to industrial questions, the powers of the Commission that are exercisable under Division 1 of this Part by a Conciliation Commissioner are exercisable by a Conciliation Commissioner assigned by the President for the purposes of this Division, or by a Conciliation Commissioner assigned by the President for the purposes of the particular industrial question, and not otherwise.”.
“(2.) In the application of Division 1 of this Part in accordance with the last preceding sub-section—
(
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 eighty-two of this Act, 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.”.
“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.
“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 Arbitration 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 Arbitration Commissioner assigned by the President for the purpose.
“(3.) In relation to industrial disputes and industrial matters, the powers of the Commission under section thirty-one, thirty-four or thirty-five of this Act are exercisable by a Full Bench, and not otherwise, and, in the case of powers under section thirty-one of this Act, the Full Bench shall include not less than three Presidential Members.
“(4.) In relation to industrial disputes and industrial matters, the powers of the Commission that are exercisable under Division 1 of this Part by a Conciliation Commissioner are exercisable by a Conciliation Commissioner assigned by the President for the purposes of this Division, or by a Conciliation Commissioner assigned by the President for the purposes of the particular industrial dispute or industrial matter, and not otherwise.
“88d.—(1.) Subject to this Division, Division 1 of this Part 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 of this Part in accordance with the last preceding sub-section—
(
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 (b ) of section eighty-eight c of this Act, 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.”.
“(1.) Subject to this section, the powers and functions of the Commission, other than the powers of the Commission under sections forty-five, forty-five a, sixty-two and sixty-six of this Act, are not applicable in respect of industrial questions within the meaning of this Part.”.
(
a ) by omitting paragraphs (b ) and (c ) of sub-section (1.) and inserting in their stead the following paragraphs:—“(
b ) except as provided in the next succeeding paragraph, references to the Commission or to a member of the Commission, however described, except in sections forty-five, forty-five a, sixty-two, sixty-six and sixty-eight, were references to the Tribunal;(
c ) references to a Conciliation Commissioner were references to a Conciliation Commissioner assigned by the President for the purposes of this Part, or assigned by the President for the purposes of the particular industrial question;”;(
b ) by omitting from sub-paragraph (i) of paragraph (d )of sub-section (1.) the words “section thirty-one” and inserting in their stead the words “section twenty-eight”;(
c ) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—“(2.) The last preceding sub-section does not apply in relation to the following sections contained in Division 1 of Part III., namely, sections eighteen to twenty-three (inclusive), thirty-one, thirty-two, thirty-four to thirty-eight (inclusive), forty-one a, forty-four a, forty-nine, sixty-one, sixty-three, sixty-four, sixty-seven, sixty-nine and seventy.
“(2a.) A Conciliation Commissioner exercising powers by virtue of paragraph (
c ) of sub-section (1.) of this section shall, in relation to those powers and matters arising out of the exercise of those powers, be deemed to constitute the Tribunal.”; and(
d )by omitting sub-section (5.) and inserting in its stead the following sub-section:—“(5.) Section thirty-three of this Act 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.”.
(
a ) by omitting from sub-section (2.) the words “sections thirty-two a,” and inserting in their stead the words “sections thirty-three,”; and(
b ) by omitting from that sub-section the words “one hundred and nine a,”.
(
a ) by omitting paragraph (a )of sub-section (1.) and inserting in its stead the following paragraph:—“(
a ) the Conciliation Commissioner assigned by the President for the purposes of this Part, or another Conciliation Commissioner made available for the purpose by the President, as Chairman;”; and(
b )by omitting from sub-section (9.) the words “section thirty-one” and inserting in their stead the words “section twenty-eight”.
“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 the Commonwealth of not less than five years’ standing.”.
(
a )by omitting from sub-section (1.) the word “two” and inserting in its stead the word “three”;(
b ) by inserting in sub-section (2.), after paragraph (a ), the following paragraph:—“(
aa ) proceedings for an offence against section forty-six of this Act;”;(
c ) by omitting paragraph (e ) of sub-section (2.); and(
d ) by adding at the end thereof the following sub-section:—“(5.) Where—
(
a ) the hearing of a matter has been commenced before the Court constituted by three 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 three in number, or if, where they are two in number, the parties agree to their completing the hearing and determination of the matter.”.
(2.) The
amendments made by paragraphs (
(
a )by omitting sub-section (5.) and inserting in its stead the following sub-sections:—“(5.) 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;
(
b )in a building or place referred to in sub-paragraph (i) of the last preceding paragraph—(i) inspect any work, or any material, machinery, appliance, article or facility;
(ii) in accordance with regulations made for the purposes of this paragraph, take samples of any goods or substance; or
(iii) interview any employee; and
(
c ) by notice in writing or orally, require a person having the custody of, or access to, a book or document relevant to that purpose (whether kept at premises entered by the inspector in pursuance of this section or elsewhere) to produce it for his inspection in accordance with the requirement, and inspect, and take extracts from, any such book or document.“(6.) 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 Minister, or by the Secretary to the Department of Labour and National Service, certifying that he is an Inspector for the purposes of this section.”; and
(
b )by inserting in sub-section (7.), after the word “duties,”, the words “refuses or fails, without reasonable excuse, to comply with a requirement made by an Inspector in accordance with paragraph (c ) of sub-section (5.) of this section”.
(
a ) by omitting from sub-section (1.) all the words before paragraph (b )and inserting in their stead the words:—“(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 )by adding at the end of sub-section (2.) the words “or declaring that the rules of the organization contravene the last preceding sub-section in a specified respect”; and(
c ) by adding at the end thereof the following sub-sections:—“(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 three months from the date of the declaration, the rules of the organization have not been amended in a manner which, in the opinion of theIndustrial Registrar, brings them into conformity with the requirements of sub-section (1.) of this section 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.) of this section 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 the last preceding sub-section 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.”.
“(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 the last preceding sub-section 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: Four hundred dollars.
“(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 unless—
(
a ) the ballot was completed before the date of commencement of this sub-section; and(
b )the proceedings under this section were commenced before that date, or within the period of six months commencing on that date.
“(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 the proceedings under this section unless the proceedings under this section were instituted—
(
a ) before the commencement of this sub-section;(
b ) within the period of twelve months commencing on—(i) the date of commencement of this sub-section; or
(ii) the date of completion of the election, whichever was the later; or
(
c ) after the expiration of the period of twelve months that would be applicable under the last preceding paragraph 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 (
“(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 one hundred and sixty-five of this Act if, upon the inquiry—
(
a )the Court has found that no irregularity occurred in or in connexion with the election; or(
b )notwithstanding that the Court has found that an irregularity has occurred in or in connexion with the election, the Court has not made an order declaring the election, or any step taken in or in connexion with the election, to be void or declaring a person not to have been elected.
“(8.) Where an application has been lodged under section one hundred and fifty-nine of this Act for an inquiry by the Court in relation to an election, the Court may decline to hear, or further hear, or to determine, a complaint under sub-section (1.) of this section by which the validity of the election, or of a step in the election, is called in question before that application, and any proceedings in the Court arising out of that application, have been disposed of.
“(9.) In
this section, ‘officially conducted ballot’ means an election conducted under
section one hundred and seventy of this Act or an election the whole or a part
of which was conducted in pursuance of an order of the Court under paragraph (
“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 the last two preceding sections;
‘the applicant’, in relation to proceedings, includes the complainant in proceedings under the last preceding section.
“(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 the last two preceding sections 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 connexion 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 connexion with the proceedings, the Attorney-General may, subject to the next succeeding sub-section, 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 connexion with the proceedings.
“(5.) For the purpose of the last preceding sub-section, ‘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 two 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 the twenty-fourth day of April, One thousand nine hundred and seventy-two.
“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 one hundred and forty or one hundred and forty-one of this Act; and(
b )has paid, or become liable to pay, costs or expenses in connexion 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 two 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 the twenty-fourth day of April, One thousand nine hundred and seventy-two.”.
“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, he accepts employment in an industry other than the industry in connexion with which the organization is registered; or(
b )the notice is given not less than three 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 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 personally or in any other manner permitted by the rules of the organization.
“(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 the last preceding sub-section.
“(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 this section, and not otherwise.”.
“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: Two hundred dollars and, in addition, Fifty dollars 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: Two hundred dollars.
“(5.) Sub-section (7.) of section one hundred and fifty-two of this Act 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.”.
“Part VIIIa.—Amalgamation of Organizations.
“158a. In this Part, unless the contrary intention appears—
‘amalgamation’ means the carrying out of arrangements in relation to two or more organizations under which it is intended that—
(
a )an organization is, or two 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;
‘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.
“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 connexion 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.
“158c. For the purposes of an amalgamation, the procedure provided by the succeeding provisions of this Part shall be followed.
“158d. The committee of management of each existing organization concerned in the amalgamation shall pass a resolution proposing amalgamation of the organization with the other existing organization or organizations concerned.
“158e. If the 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.
“158f.—(1.) Subject to compliance with the preceding provisions of this Part, the existing organizations concerned in the amalgamation, and the association, if any, referred to in the last preceding section, 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 one hundred and fifty-eight J of this Act to the amalgamation.
“(2.) The organizations making the application may, with the consent of the Industrial Registrar, amend the scheme.
“158g.—(1.) If
the Industrial Registrar is satisfied that the preceding provisions of this
Part have been complied with, he shall cause to be published in the
“(2.) The notice shall, as prescribed, notify persons of their right to make objection to the amalgamation.
“158h.—(1.) Objection may be made to the 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 the paragraphs of the last preceding sub-section, 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 the amalgamation.
“158j.—(1.) After the time allowed by the regulations for the making of objections in accordance with the last preceding section, 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 amalgamation 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 amalgamation, so far as it involves a matter referred to in any of the paragraphs of sub-section (1.) of the last preceding section, 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 amalgamation, so far as it involves a matter referred to in any of the paragraphs of sub-section (1.)
of the last preceding section, does not comply with the requirements of this Act and the regulations, he shall, subject to the next succeeding sub-section, decide not to give an approval under this section.
“(4.) Where the last preceding sub-section 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.
“158k.—(1.) If approval in respect of the amalgamation is given in accordance with the last preceding section, 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.
“(2.) A ballot referred to in the last preceding sub-section 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 Chief Electoral Officer for the Commonwealth for the conduct of the ballot by a Commonwealth Electoral Officer or a Returning Officer holding office under theCommonwealth Electoral Act 1918–1966.
“(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 each ballot paper sent to a person entitled to vote at the ballot.
“(4.) Subject to the next succeeding sub-section, the roll of voters for a ballot shall be a roll of the persons who were members of the organization on the day on which the Industrial Registrar gave his approval under the last preceding section.
“(5.) The name of a member shall not be included in the roll if—
(
a ) he became a member more than twelve months before the day referred to in the last preceding sub-section; and(
b )he is, on that day, an unfinancial member within the meaning of the rules of the organization and has been such an unfinancial member at all times during the period of twelve months ending on that day.
“(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 an 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 two years preceding the date of lodgment of the application under section one hundred and fifty-eight f of this Act does not exceed five per centum of the number of members of the organization as at the beginning of that period of two 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 the last preceding sub-section—
(
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 references in section one hundred and fifty-eight n of this Act to ballots in accordance with this Part shall be read as references to the ballot or ballots in respect of the de-registering organization or organizations.
“(9.) Where an exemption under the last preceding sub-section 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 one hundred and fifty-eight f of this Act is lodged within twelve months after the lodgment of the application under that section in respect of the amalgamation in relation to which the exemption was granted.
“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 three
months before the commencing date of the ballot, shall publish in the
“(2.) Not less than two months before the commencing date of the ballot—
(
a )the organization concerned may deliver to the Industrial Registrar a statement in writing of not more than two thousand words in support of the amalgamation; and(
b )members of that organization, being not less in number than two hundred and fifty or five per centum of the total number of members, whichever is the less, may deliver to the Industrial Registrar a statement in writing of not more than two thousand words in opposition to the amalgamation,
and, subject to this section, a copy of each such statement shall accompany each ballot paper sent to a person entitled to vote at the ballot.
“(3.) If more than one such statement in opposition to the 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 two thousand 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 (b ) of the last preceding sub-section.
“(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.) of this section.
“158m.—(1.) The provisions of section forty-six of this Act (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 forty-five of this Act.
“(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: Five hundred dollars or imprisonment for six months.
“158n. Where an amalgamation is submitted to ballots in accordance with this Part, the amalgamation shall be taken to be approved if, in each of the ballots—
(
a )ballot papers are received by the person conducting the ballot, on or before the day fixed for the closing of the ballot, from 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.
“158p.—(1.) The Court has jurisdiction—
(
a )to inquire into alleged irregularities in or in connexion 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 connexion 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 (2.) of section one hundred and fifty-eight k of this Act 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 (
“(4.) An application for the exercise of the jurisdiction of the Court under this section shall be made not later than thirty days after the declaration of the result of the ballot.
“158q.—(1.) If, after—
(
a )thirty days has expired since the results of both, or all, the ballots have been declared; and(
b )any application to the Court under the last preceding section in connexion 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 at the
ballots, the Industrial Registrar shall, after consultation with the
organizations concerned, forthwith fix, and notify in the
“(2.) The Industrial Registrar shall not fix a day under the last preceding sub-section 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 amalgamated organization.
“158r. Where the day on which an amalgamation is to take effect has been fixed, section one hundred and forty-five of this Act 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 three months were a reference to one month.
“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.
“158t.—(1.) Subject to the next succeeding sub-section, the expenses of a ballot conducted under this Part shall, to the prescribed extent, be borne by the organization concerned.
“(2.) If, on application by the organization, the Minister is satisfied that the expenses referred to in the last preceding sub-section exceed the expenses that would have been incurred by the organization if the ballot had been conducted by the organization, the Minister shall direct that those expenses, to the extent of that excess, shall be borne by the Commonwealth.
“158u. The provisions of section one hundred and sixty-eight of this Act apply, with such modifications as are prescribed, in relation to inquiries by the Court under this Part.”.
(
a ) by omitting from sub-section (3.) the words “This section” and inserting in their stead the words “Except as provided by the next succeeding section, this section”; and(
b ) by adding at the end thereof the following sub-sections:—“(4.) An application may be made under this section in respect of an election conducted under section one hundred and seventy of this Act if the application is made within the time that is applicable under the next succeeding sub-section and, where such an application is made—
(
a ) the Industrial Registrar shall, notwithstanding the next succeeding section, 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 the inquiry—(i) the reference in section one hundred and sixty-two a of this Act to the Industrial Registrar shall be read as a reference to such person as the Court designates; and
(ii) paragraph (
c ) of sub-section (3.) of section one hundred and sixty-five of this Act 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 (5.) of section one hundred and seventy of this Act to conduct an election.
“(5.) An application in accordance with the last preceding sub-section may be made—
(
a ) before the completion of the election;(
b )within the period of six months commencing on the date of completion of the election; or(
c ) after the expiration of that period of six 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 (
“(6.) A reference in this Part to an election conducted under section one hundred and sixty-five a of this Act 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 (4.) of section one hundred and sixty-eight of this Act applies where an order is made under sub-section (4.) of this section.”.
(2.) The amendments made by this section do not apply in relation to offences committed before the date of commencement of this section.
(3.) Where an amendment made by this section relates to a penalty for each week of default, the amendment applies in relation to a week of default that commenced on or after the date of commencement of this section.
Part III.—Transitional and Saving Provisions.
“the commencing day” means the date fixed by Proclamation under sub-section (4.) of section 2 of this Act;
“the Principal Act” includes the Principal Act as amended by provisions of this Act that have come into operation before the commencing day.
(2.) Notwithstanding
sub-section (1.) of section 7c of
the
(3.) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of this section.
(
a )if that Commissioner becomes, on the commencing day, a Conciliation Commissioner, the conciliation proceedings may be continued before him as if the industrial dispute had been referred to him under the Principal Act as amended by this Act;(
b )if that Commissioner becomes, on the commencing day, an Arbitration Commissioner, the conciliation proceedings may be continued before him as if he were a Conciliation Commissioner to whom the industrial dispute had been referred in accordance with the Principal Act as amended by this Act, but that Commissioner shall not exercise powers of arbitration in respect of the industrial dispute; and(
c ) if a person has been directed by the Commissioner to attend a conference that has not been commenced, or has not been completed, before the commencing day, the Principal Act as amended by this Act applies as if the direction had been given by a Conciliation Commissioner under the Principal Act, as so amended.
(2.) Where, immediately before the commencing day, the hearing and determination of arbitration proceedings that were commenced to be heard by a Commissioner before the commencing day has not been completed, the hearing and determination, or the determination, of the proceedings may, subject to sections 31 and 32 of the Principal Act as amended by this Act, be completed by the Commissioner and, if he has become a Conciliation Commissioner, the Principal Act as amended by this Act applies as if he were an Arbitration Commissioner.
under the Principal Act, and to a memorandum made, whether before or after the commencing day, in respect of an agreement so reached, and, for that purpose, references in sub-section (1.) of the first-mentioned section to a Conciliation Commissioner shall be read as including references to an Arbitration Commissioner who was a Commissioner under the Principal Act and has exercised powers of conciliation in respect of the industrial dispute under the Principal Act or, after the commencing day, in accordance with this Part.
(2.) References in the Principal Act as amended by this Act to the certifying of, or refusal to certify, a memorandum under section 28 of that Act as so amended, and to memoranda certified under that section shall be read as including references to the certifying of, or the refusal to certify, a memorandum under section 31 of the Principal Act and to memoranda certified under that section.
(2.) Subject to the last preceding sub-section, where, before the commencing day, a person or organization has given notice in accordance with section 32a of the Principal Act that conduct referred to in that section is being, or is likely to be, engaged in, the notice shall be deemed to have been given under section 33 of the Principal Act as amended by this Act.
(2.) Section 34 of the Principal Act as amended by this Act applies in relation to proceedings that were pending before a Presidential Member or a Commissioner immediately before the commencing day.
(2.) Where the hearing of an appeal instituted before the commencing day under section 35 of the Principal Act has not commenced before that day, the appeal shall be deemed to have been instituted under section 35 of the Principal Act as amended by this Act.
(
a ) a ballot ordered before the commencing day but not completed before that day shall, subject to this section, be taken or completed as if section 45 of the Principal Act had not been repealed;(
b )a Presidential Member may give such directions as he considers necessary for the purposes of such a ballot; and(
c ) the provisions of section 46 of the Principal Act continue to apply in relation to the ballot.
(2.) At any time after this Act receives the Royal Assent, amendments may be made to the rules of an organization for the purposes of complying with section 145 of the Principal Act as amended by this Act and amendments so made may be expressed to take effect on and from the date on which that section comes into operation.
(
a )an application was made to the Registrar in accordance with section one hundred and thirty-nine of the Principal Act; and(
b ) a request referred to in paragraph (c ) of sub-section (3g.) of section one hundred and forty-three of the Principal Act has been made to the Registrar, being a request that complies with the requirements of that paragraph.
THE SCHEDULE Section 55.
——
Provision amended | Omit— | Insert— |
Section 5(1.)..................... | One hundred dollars | Four hundred dollars |
Section 5(1a.)................... | One hundred dollars | Four hundred dollars |
Section 5(2.)..................... | Fifty dollars | Two hundred dollars |
Section 42......................... | Twenty dollars | One hundred dollars |
Section 125....................... | One hundred dollars |
|
Section 138....................... | Two hundred dollars | Four hundred dollars |
Section 143(3d.)................ | One hundred dollars | Four hundred dollars |
Section 152(1.), (2.), (3.) and (4.) | Twenty dollars for each week of default |
|
Section 152(5.) and (9d.)... | Forty dollars | Two hundred dollars |
Section 153(4.).................. | Twenty dollars for each week of default |
|
Section 154(1.) | One hundred dollars | Four hundred dollars |
Section 158....................... | One hundred dollars | Four hundred dollars |
Section 160(5.).................. |
|
|
Section 166(2.).................. |
|
|
Section 169....................... |
|
|
Section 170a(2.)................ |
|
|
Section 171....................... |
|
|
Section 182(1.).................. |
|
|
Section 184(1.).................. | Two hundred dollars | Five hundred dollars |
Section 185....................... |
|
|
Section 188(1.).................. | Two hundred dollars | Five hundred dollars |
Section 188a..................... | Twenty dollars | Fifty dollars |
Section 197....................... | Two hundred dollars | Five hundred dollars |
Section 198(1.)( | Two hundred dollars | Five hundred dollars |
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