Conciliation and Arbitration Act 1975 (Cth)

CONCILIATION AND ARBITRATION ACT

1975

No. 64 of 1975

An Act to amend the Conciliation and Arbitration Act 1904-1974.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Conciliation and Arbitration Act 1975.

(2) The Conciliation and Arbitration Act 1904-1974 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Conciliation and Arbitration Act 1904-1975.

Commencement.

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

Powers of the Commission excluded.

3. Section 88t of the Principal Act is amended by omitting subsections (2), (3) and (4).

Application of other provisions of Act.

4. Section 88v of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) the words “except as provided in the next succeeding paragraph,",

(b) by omitting paragraph (c) of that sub-section; and

(c) by omitting sub-section (2a) and substituting the following subsections:—

“(2a) The President may from time to time assign a Commissioner for the purposes of this Part and, where a Commissioner is so assigned—

(a) that Commissioner may, subject to any directions of the person constituting the Tribunal in accordance with section 88j, exercise the powers of the Tribunal in respect of any industrial question; and

(b) that Commissioner shall, in and in relation to the exercise of those powers and matters arising out of the exercise of those powers, be deemed to constitute the Tribunal.

“(2b) The President may assign a Commissioner, other than a Commissioner assigned under sub-section (2a), for the purposes of a particular industrial question and where a Commissioner is so assigned—

(a) that Commissioner may exercise the powers of the Tribunal in respect of that industrial question; and

(b) that Commissioner shall, in and in relation to the exercise of those powers and matters arising out of the exercise of those powers, be deemed to constitute the Tribunal.”.

Relationship to other laws.

5. Section 88zc of the Principal Act is amended by inserting in sub-section (1), after the word “Tribunal” (second occurring), the words “, or the Commission when exercising powers under this Part,”,

Representation.

6. Section 88ze of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3) A reference in this section to the Tribunal shall be read as including a reference to the Commission when exercising powers under this Part.”.

7. After section 88ze of the Principal Act, the following sections are inserted in Part IV:—

Reference of industrial questions to Full Bench of Commission.

“88zf. (1) In this section, unless the contrary intention appears, ‘Commission’ means a Full Bench of the Commission.

“(2) A party to the proceedings in respect of an industrial question that is being dealt with under this Part may apply to the Tribunal to have the industrial question, or a part of the industrial question, dealt with as provided by this section on the ground that the industrial question, or part of the industrial question, as the case may be, is of such importance that, in the public interest, it should be so dealt with.

“(3) The Tribunal shall refer the application to the President, and the President shall confer with the person constituting the Tribunal for the purposes of the industrial question on the question whether the application should be granted.

“(4) If the President, having regard to the reasons for the application, is of the opinion that the industrial question, or the part of the industrial question, as the case may be, should, in the public interest, be dealt with as provided by this section, he shall direct accordingly.

“(5) Where the President so directs, the Commission shall, subject to sub-section (6), hear and determine the industrial question or the part of the industrial question, as the case may be, and, in the hearing, may have regard to any evidence given and any arguments adduced in the proceedings before the Tribunal in relation to the industrial question or the part of the industrial question before the Commission commenced the hearing.

“(6) Where the President has given a direction under this section in respect of an industrial question, the Commission may refer a part of the industrial question to the Tribunal and, in that case, the Tribunal shall hear and determine that part of the industrial question and the Commission shall hear and determine the industrial question other than that part of the industrial question.

“(7) The Commission may, for the purposes of this section, direct the Tribunal to furnish a report with respect to a specified matter and the Tribunal shall, after making such investigation (if any) as is necessary, furnish a report accordingly.

“(8) At any time before the Commission has been constituted under this section for the purpose of hearing and determining an industrial question or a part of an industrial question with respect to which the President has given a direction under this section, the President may, if, after taking account of any views expressed by the parties, he considers that it is desirable so to do for the purpose of facilitating the hearing and determination of the industrial question or the part of the industrial question by the Commission, authorize the Tribunal to take evidence for the purposes of that hearing and determination, and the Commission shall have regard to the evidence so taken in hearing and determining the industrial question or the part of the industrial question.

“(9) For the purposes of this section, a reference, direction or authorization made or given by the Commission to a person who constitutes, or may constitute, the Tribunal shall be deemed to be a reference, direction or authorization to the Tribunal and that person shall constitute the Tribunal for the purposes of the reference, direction or authorization.

“(10) A reference in sub-section (1) of section 36 or sub-section (2) of section 39 to section 34 shall be read as including a reference to this section.

Appeals.

“88zg. (1) In this section, unless the contrary intention appears—

‘award’ does not include an agreement certified under section 28, as applied by section 88v, or under section 88za;

‘Commission’ means a Full Bench of the Commission;

‘organization’ includes a declared body.

 

“(2) An appeal lies to the Commission against—

(a) an award made by the Tribunal, otherwise than under section 28 as applied by section 88v, a decision of the Tribunal not to make an award or a decision of the Tribunal by way of a finding as to the existence of, or the parties to, an inter-state industrial dispute;

(b) a decision of the Tribunal refusing to certify a memorandum under section 28 as applied by section 88v or a decision of the Chairman of a Conciliation Committee refusing to certify a memorandum under section 88za; or

(c) a decision of the Tribunal in a matter arising under paragraph (d) of sub-section (1) of section 41 as applied by section 88v.

“(3) An appeal does not lie under sub-section (2) unless, in the opinion of the Commission, the matter is of such importance that, in the public interest, an appeal should lie.

“(4) An appeal under sub-section (2)—

(a) shall be made within 21 days after the date of the award or decision appealed against; and

(b) may be made—

(i) in the case of an appeal under paragraph (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 an appeal has been instituted under this section, the Commission may, on such terms and conditions as it thinks fit, make an order that the operation of the whole or a part of the award or decision be stayed pending the determination of the appeal or until further order of the Commission.

“(6) In the hearing of an appeal under this section, the Commission—

(a) may admit further evidence; and

(b) may direct the Tribunal to furnish a report to the Commission with respect to a specified matter,

and may, subject to this section, do one or more of the following: —

(c) confirm, quash or vary the award or decision under appeal;

(d) make an award or decision dealing with the subject-matter of the award or decision under appeal;

(e) direct the Tribunal to take further action in the proceedings in relation to which the appeal arose in accordance with the directions of the Commission.

“(7) Where, in pursuance of paragraph (b) of sub-section (6), the Commission directs the Tribunal to furnish a report, the Tribunal shall, after making such investigation, (if any) as is necessary, furnish a report accordingly.

“(8) For the purposes of this section, a direction given by the Commission to a particular person who constitutes, or may constitute, the Tribunal shall be deemed to be a direction to the Tribunal and that person shall constitute the Tribunal for the purposes of the direction.

“(9) The provisions of Division 1 of Part III relating to the hearing and determination, or the hearing or determination, of an industrial dispute extend to the hearing and determination, or the hearing or determination, as the case may be, of an appeal under this section.

“(10) A reference in sub-section (1) of section 36 or sub-section (2) of section 39 to section 35 shall be read as including a reference to this section.

Effect of awards of Commission.

“88zh. For the purposes of this Act, other than section 88zg, an award made by the Commission under section 88zf or 88zg shall be deemed to be an award of the Tribunal.”.

Application of amendments.

8.