Conciliation and Arbitration Amendment Act 1977 (Cth)

CONCILIATION AND ARBITRATION AMENDMENT ACT 1977

No. 64 of 1977

An Act to amend the Conciliation and Arbitration Act 1904 and for other purposes.

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

Short title, &c.

1. (1) This Act may be cited as the Conciliation and Arbitration Amendment Act 1977.

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

Commencement.

2. (1) Sections 1, 2, 4, 11 and 12 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining amendments made by, and other provisions of, this Act, shall come into operation on such respective dates as are fixed by Proclamation, and such a Proclamation may apply to a part of an amendment.

Interpretation.

3. Section 4 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the definition of “Association”, the following definition:—

“‘Authorized person’ means a person who is an authorized person for the purposes of this Act by virtue of an appointment made by the Director under section 126q;

(b) by inserting in sub-section (1), after the definition of “Breach”, the following definition:—

“‘Bureau’ means the Industrial Relations Bureau established by section 126a;”;

(c) by inserting in sub-section (1), after the definition of “Direct voting system”, the following definition:—

“‘Director’ means the Director of the Bureau; and

(d) by omitting from sub-section (1) the definition of “Inspector”.

Salaries and travelling expenses.

4. Section 8 of the Principal Act is amended—

(a) by omitting from sub-section (1) the word “Court” and substituting the words “Federal Court of Australia”; and

(b) by omitting from sub-section (4) the word “Court” and substituting the words “Federal Court of Australia”.

Investigation of matters affecting the safety of employees.

5. Section 54 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:—

“(1) Where, in the opinion of a member of the Commission, a matter concerning the safety of employees or of other persons in or about a place of work arises in or in connexion with an industrial dispute, he may request the Bureau to arrange for an authorized person forthwith to investigate the matter and to report to him as soon as practicable.

(b) by omitting sub-sections (2) and (3) and substituting the following sub-section: —

“(2) Section 126p applies in relation to an investigation under sub-section (1) of this section.”; and

(c) by omitting from sub-section (4) the word “Inspector” and substituting the words “authorized person”.

Representation of parties.

6. Section 117a of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2) the word “or” (last occurring); and

(b) by inserting in sub-section (2), after paragraph (a), the following paragraph:—

“(aa) being the Bureau, may be represented by the Director or a member of the staff of the Bureau authorized by the Director for the purpose; or”; and

(c) by inserting in paragraph (b) of sub-section (2), after the word “organization” (first occurring), the words “or the Bureau”.

Imposition and recovery of penalties.

7. Section 119 of the Principal Act is amended by omitting paragraph (aa) of sub-section (2) and substituting the following paragraph:—

“(aa) the Bureau; or”.

Inspectors.

8. (1) Section 125 of the Principal Act is repealed.

(2) Where, immediately before the commencement of this section, a party to proceedings before a court under this Act was an Inspector, the Bureau shall take the place of the Inspector as such party and the proceedings shall continue accordingly.

Directions that proceedings be instituted.

9. Section 126 of the Principal Act is amended by omitting the words “or an Inspector”.

10. After Part VI of the Principal Act the following Part is inserted: —

“PART VIa—INDUSTRIAL RELATIONS BUREAU

Industrial Relations Bureau.

“126a. (1) There is hereby established a Bureau to be known as the Industrial Relations Bureau.

“(2) There shall be a Director of the Bureau.

“(3) The Bureau shall consist of the Director and the staff referred to in sub-section (1) of section 126n.

“(4) The Director shall control the Bureau.

“(5) The Director may, on behalf of the Bureau, exercise any power conferred on the Bureau by this Act or the regulations.

“(6) Where the exercise of a power referred to in sub-section (5) is expressed to be dependent upon the opinion, belief or state of mind of the Bureau in relation to a matter, that power may be exercised by the Director upon the opinion, belief or state of mind of the Director in relation to that matter.

Function of the Bureau.

“126b. The function of the Bureau is to secure the observance of this Act and the regulations and of awards.

Powers of Bureau.

“126c. In addition to any powers that are conferred on it by any other provision of this Act, the Bureau has power to do all things necessary or convenient to be done to enable it to perform its function and, in particular, may institute proceedings before any court of competent jurisdiction for an offence against this Act or the regulations.

Appointment of Director.

“126d. (1) The Director shall be appointed by the Governor-General.

“(2) Subject to this Act, the Director holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment and on such terms and conditions as the Governor-General determines, but is eligible for re-appointment.

“(3) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Director, and a person shall not be appointed or re-appointed as the Director for a period that extends beyond the date on which he will attain the age of 65 years.

Appointment of member of Commission as Director.

“126e. (1) Notwithstanding anything contained in this Act, a member of the Commission may be appointed as the Director and, in that case—

(a) the holding by him of the office of Director does not, except as set out in paragraph (b), affect his holding of office as a member of the Commission; and

(b) during the period that he holds office as Director—

(i) he is not entitled to exercise any power or perform any function as a member of the Commission; and

(ii) he is not entitled to receive any remuneration or allowances as a member of the Commission.

“(2) Where a Presidential Member is appointed as the Director, his service as the Director shall, for the purposes of the Judges’ Pensions Act 1968, be treated as service as a Presidential Member.

Removal or suspension from office of Director.

“126f. (1) The Governor-General may remove the Director from office on an address praying for his removal on the ground of proved misbehaviour or incapacity being presented to the Governor-General by each House of the Parliament in the same session of the Parliament.

“(2) The Governor-General may suspend the Director from office on the ground of misbehaviour or incapacity.

“(3) A full statement of the grounds of the suspension shall be laid before each House of the Parliament within seven sitting days of that House after the suspension.

“(4) The Director shall be restored to office unless each House of the Parliament, within 40 days after the statement has been laid before it, presents to the Governor-General an address praying for the removal of the Director on the ground of proved misbehaviour or incapacity.

Vacation of office of Director.

“126g. The office of the Director shall be vacated if—

(a) he engages in paid employment outside the duties of his office;

(b) he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

(c) he becomes permanently incapable of performing his duties; or

(d) except on leave granted by the Minister, he absents himself from duty for 14 consecutive days, or for 28 days in any 12 months,

and the Governor-General declares, by notice published in the Gazette, that the office has become vacant.

Rights of Public Servant appointed as Director.

“126h. If a person appointed as Director was, immediately before his appointment, an officer of the Australian Public Service or a person to whom the Officers’ Rights Declaration Act 1928 applied—

(a) he retains his existing and accruing rights;

(b) for the purpose of determining those rights his service as Director shall be taken into account as if it were service in the Australian Public Service; and

(c) the Officers’ Rights Declaration Act 1928 applies as if this Act and this section had been specified in the Schedule to that Act.

Leave of absence.

“126j. The Minister may grant leave of absence to the Director upon such terms and conditions as to remuneration or otherwise as the Minister determines.

Remuneration and travelling expenses.

“126k. (1) The Director shall receive the same salary and annual allowance, and shall be paid the same travelling expenses, as are payable to a Deputy President.

“(2) The salary and annual allowance of the Director grow due from day to day but are payable monthly.

 

“(3) The Consolidated Revenue Fund is appropriated to the extent necessary for the making of payments in accordance with this section.

Resignation.

“126l. The Director may resign his office by writing under his hand delivered to the Governor-General.

Acting Director.

“126m. (1) Subject to sub-section (2), where there is a vacancy in the office of Director, the Minister may appoint a person to act in the office until the filling of the vacancy.

“(2) A person appointed under sub-section (1) to act in the office of the Director shall not continue so to act after the expiration of a period of 12 months after the occurrence of the vacancy.

“(3) Where the Director is, or is about to be, absent from duty or from Australia, the Minister may appoint a person to act in the place of the Director during the period during which the Director is so absent.

“(4) A person appointed, under this section, to act in the office of Director or to act in the place of the Director has all the functions and powers of the Director.

“(5) The Minister may—

(a) subject to this Act and having regard to the terms and conditions of appointment applicable to the Director, determine terms and conditions of appointment (including remuneration and allowances) of a person appointed under this section; and

(b) at any time terminate such an appointment.

Staff of Bureau.

“126n. (1) The staff required by the Bureau for the purpose of carrying out its functions under this Act shall be persons appointed or employed under the Public Service Act 1922.

“(2) The Director has all the powers of, or exercisable by, a Permanent Head under the Public Service Act 1922 so far as those powers relate to the branch of the Australian Public Service comprising the staff referred to in sub-section (1) as if that branch were a separate department of the Australian Public Service.

“(3) For the purposes of sub-sections (5) and (6) of section 25 of the Public Service Act 1922, the Director shall be deemed to be a Permanent Head.

“(4) An arrangement may be made in accordance with section 78 of the Public Service Act 1922 for the performance by officers of the Public Service of a State, in accordance with the arrangement, of such duties in relation to the carrying out of the functions of the Bureau as are specified in the arrangement.

Entry on premises.

“126p. (1) For the purpose of ascertaining whether awards and the requirements of this Act or the regulations are being, or have been, observed, an authorized person 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 paragraph (a)—

(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 authorized person 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.

“(2) If an authorized person 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 authorized person 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 Director certifying that he is an authorized person for the purposes of this Act.

“(3) A person who hinders or obstructs an authorized person in the exercise of his duties, refuses or fails, without reasonable excuse, to comply with a requirement made by an authorized person in accordance with paragraph (c) of sub-section (1) or makes to an authorized person, in the course of his duties, a statement, whether orally or in writing, that is false or misleading in any particular, shall be guilty of an offence.

Penalty: $500 or imprisonment for 6 months.

Appointment of authorized persons.

“126q. (1) This section applies to—

(a) a member of the staff of the Bureau; and

(b) an officer of the Public Service of a State to whom an arrangement referred to in sub-section (4) of section 126n applies.

“(2) The Director may, by writing signed by him, appoint persons to whom this section applies to be authorized persons for the purposes of this Act.

Report by Bureau to Minister.

“126r. (1) The Bureau shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Bureau during the year ended on that date.

“(2) The Minister shall lay a copy of each report received by him under sub-section (1) before each House of the Parliament as soon as practicable after its receipt by him.”.

Registrar to conduct elections upon request.

11. Section 170 of the Principal Act is amended—

(a) by inserting after sub-section (2) the following sub-section: —

“(2a) For the purposes of sub-section (1), an office that is required by the rules of the organization to be filled by election by the members, or by some of the members, of one branch only of the organization shall be deemed to be an office in that branch.”; and

(b) by inserting in sub-section (5), after the words “an Australian Electoral Officer”, the words “or a member of the staff of the Australian Electoral Office”.

Amendment of Conciliation and Arbitration Act 1975.

12. (1) Section 7 of the Conciliation and Arbitration Act 1975 is amended by omitting the words “in Part IV” and substituting the words “in Part IIIa”.

(2) The amendment made by sub-section (1) shall be deemed to have come into operation on 19 June 1975.