Conciliation and Arbitration Amendment Act (No. 2) 1980 (Cth)

Conciliation and Arbitration Amendment Act (No. 2) 1980

No. 36 of 1980

An Act to amend the Conciliation and Arbitration Act 1904

[Assented to 22 May 1980]

BE IT ENACTED by the Queen, and the Senate and the 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 (No. 2) 1980.

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

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

3. After section 4 of the Principal Act the following section is inserted:

Industrial matters affecting the oil industry in New South Wales

“4a. (1) In this section—

‘oil industry industrial matter’ means an industrial matter that pertains to the relations of a prescribed employer with prescribed employees of that employer;

‘prescribed employee’ means an employee who is, or is eligible to become, a member of the oil industry branch of the industrial union registered under the Industrial Arbitration Act, 1940 of New South Wales as the Australian Workers Union and is employed by a prescribed employer;

‘prescribed employer’ means any of the following companies: Australian Lubricating Oil Refinery Limited Australian Oil Refining Pty. Limited Total Refineries Australia Limited;

‘prescribed New South Wales Act’ means an Act passed by the Parliament of New South Wales that is prescribed for the purposes of this section.

“(2) This Act (other than this section) does not apply to, or in relation to, the relations of a prescribed employer with prescribed employees of that employer and, in particular—

(a) does not apply to, or in relation to, an oil industry industrial matter;

(b) does not apply to or in relation to an industrial dispute in so far as that dispute is a dispute, or a situation that is likely to give rise to a dispute, as to an oil industry industrial matter; and

(c) does not apply to, or in relation to, industrial action in so far as that action relates to, or affects, the relations of a prescribed employer with prescribed employees of that employer.

“(3) It is hereby declared to be the intention of the Parliament that this Act shall not exclude the concurrent operation of a prescribed New South Wales Act in so far as that Act makes provision with respect to oil industry industrial matters.

“(4) The President may, from time to time, designate a Presidential Member for the purposes of this section.

“(5) A Presidential Member designated under sub-section (4) shall perform any functions or duties, and may exercise any powers, that are conferred or expressed to be conferred upon a Presidential Member by a prescribed New South Wales Act.”.