Conciliation and Arbitration (Boycotts) Amendment Act 1980 (Cth)

Conciliation and Arbitration (Boycotts) Amendment Act 1980

No. 90 of 1980

An Act to amend the Conciliation and Arbitration Act 1904

[Assented to 29 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 (Boycotts) Amendment Act 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 the day on which the Trade Practices (Boycotts) Amendment Act 1980 comes into operation.

3. After section 88d of the Principal Act the following Division is inserted:

“Division 5a—Disputes relating to Boycotts

Application of Division

“88da. This Division applies in relation to a dispute relating to a contravention, or a threatened, impending or probable contravention, of section 45d, or of section 45e, of the Trade Practices Act 1974, being a dispute—

(a) that relates, or may relate, to work done or to be done under an award; or

(b) in which an organization of employees registered pursuant to this Act, or a member or officer of such an organization, is involved.

Notification of disputes

“88db. (1) Where a person applies under section 80 of the Trade Practices Act 1974 to the Federal Court of Australia for an injunction restraining

another person from engaging in conduct that constitutes or would constitute—

(a) a contravention of a provision of section 45d, or of section 45e, of that Act;

(b) attempting to contravene such a provision;

(c) aiding, abetting, counselling or procuring a person to contravene such a provision;

(d) inducing, or attempting to induce, a person, whether by threats, promises or otherwise, to contravene such a provision;

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f) conspiring with others to contravene such a provision,

either the first-mentioned person or the second-mentioned person may notify the President or the Registrar accordingly.

“(2) Where a Minister becomes aware of the existence of a dispute that is or may be a dispute in relation to which this Division applies, that Minister may notify the President or the Registrar accordingly.

“(3) Where a dispute is notified to the Registrar under this section, he shall inform the President accordingly.

“(4) Section 25 does not apply in relation to disputes in relation to which this Division applies.

Powers of Commission

“88dc. (1) Subject to this Division, where—

(a) the Commission is notified pursuant to sub-section (1) of section 88db of the making of an application to the Federal Court of Australia for an injunction restraining a person from engaging in conduct referred to in that sub-section, being conduct in relation to which there is a dispute in relation to which this Division applies;

(b) a Minister notifies the President or the Registrar pursuant to subsection (2) of section 88db of the existence of a dispute in relation to which this Division applies; or

(c) the President otherwise becomes aware of the existence of a dispute in relation to which this Division applies,

the Commission is empowered to settle that dispute by conciliation.

“(2) The Australian Conciliation and Arbitration Commission is not empowered to settle a dispute by conciliation under sub-section (1) where the dispute relates to a contravention, or a threatened, impending or probable contravention, of section 45d or 45e of the Trade Practices Act 1974 in respect of which a proceeding is pending before the Federal Court of Australia, being a proceeding to which the Minister administering Part IV of that Act or the Trade Practices Commission is a party, unless that Minister or the Trade Practices Commission, as the case may be, notifies the Australian Conciliation and Arbitration Commission that he or it consents to the Australian Conciliation and Arbitration Commission exercising powers under sub-section (1) in relation to that dispute.

“(3) Where the Commission is empowered under sub-section (1) to settle by conciliation a dispute in relation to which this Division applies, the Commission shall not exercise any powers under any other Division in relation to that dispute or any part of that dispute except powers under Division 1 as that Division applies by virtue of section 88df.

Exercise of powers

“88dd. (1) Where the Commission is empowered to settle by conciliation a particular dispute in relation to which this Division applies, the President shall refer the dispute for conciliation by himself or by another Presidential Member of the Commission.

“(2) A reference in this Division, and in Division 1 as that Division applies by virtue of section 88df, to the relevant Presidential Member, in relation to a dispute in relation to which this Division applies, is a reference—

(a) if the powers of the Commission in respect of that dispute are being exercised by the President—to the President; or

(b) in any other case—to the Presidential Member to whom the dispute has been referred under sub-section (1).

Parties

“88de. (1) The parties to a proceeding before the Commission or a member of the Commission in relation to a dispute in relation to which this Division applies are—

(a) any organization of employees in connection with the employment of any of whose members the dispute has arisen;

(b) employers of such employees;

(c) organizations of which any such employers are members;

(d) if the dispute relates to conduct in relation to the supply of goods or services to, or the acquisition of goods or services from, a person (in this Division referred to as an ‘affected person’) and that person is not already a party—that person;

(e) any Minister who notifies the Commission that he wishes to become a party; and

(f) such other persons as the Commission, by order, specifies.

“(2) Nothing in sub-section (1) affects the operation of section 36 or limits the power of the Commission to grant leave to a person or organization to intervene in any dispute before the Commission or a member of the Commission under this Division.

“(3) The Registrar shall give notice of a proceeding before the Commission or a member of the Commission in relation to a dispute in relation to which this Division applies to such persons as the relevant Presidential Member directs, and, in any event, to every person who is an affected person in relation to the proceeding and every other person who is a party to the proceeding by virtue of paragraph (e) or (f) of sub-section (1).

Application of Division 1

“88df. (1) Subject to this Division, Division 1 (other than the provisions of that Division that relate to arbitration or to the making of awards or the certifying of agreements) extends to and in relation to the powers and functions of the Commission under this Division and to and in relation to proceedings before the Commission or a member of the Commission in relation to a dispute in relation to which this Division applies.

“(2) In the application of Division 1 in accordance with sub-section (1)—

(a) references to industrial disputes shall be read as references to disputes in relation to which this Division applies; and

(b) references to the parties to an industrial dispute shall be read as references to the parties to a proceeding before the Commission or a member of the Commission in relation to a dispute in relation to which this Division applies.

Trade Practices Act not affected

“88dg. Nothing in this Division affects the operation of the Trade Practices Act 1974.

Interpretation

“88dh. Expressions used in this Division that are used in the Trade Practices Act 1974 have in this Division, unless the contrary intention appears, the same respective meanings as those expressions have in that Act.”.