Conciliation and Arbitration (Port Co-ordinating Committees) Regulations (Cth)

Statutory Rules

1977 No. 236

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904.

Dated this twenty-ninth day of November 1977.

JOHN R. KERR

Governor-General

By His Excellency’s Command,

A. A. STREET

Minister of State for Employment and Industrial Relations

 

CONCILIATION AND ARBITRATION (PORT CO-ORDINATING COMMITTEES) REGULATIONS

Citation.

1. These Regulations may be cited as the Conciliation and Arbitration (Port Co-ordinating Committees) Regulations.

Interpretation

2. In these Regulations—

“ authorized person ” means the person authorized by the Minister to make appointments for the purposes of section 87 of the Act;

“ Committee ” means a Port Co-ordinating Committee established by the Minister under sub-section 87 (1) of the Act;

“ Employers’ Body ” means—

(a) in relation to a Committee established in respect of a port, other than Whyalla or Westernport—the Association of Employers of Waterside Workers; or

 

* Notified in the Commonwealth of Australia Gazette on 2 December 1977.

 

(b) in relation to a Committee established in respect of Whyalla or Westernport—The Port Waratah Stevedoring Company Pty Ltd.

“ Federal Committee ” means the Federal Co-ordinating Committee established by section 86 of the Act;

“ Federation ” means the Waterside Workers Federation of Australia;

“ member ”, in relation to a Committee, means a member of the Committee;

“ the Act ” means the Conciliation and Arbitration Act 1904.

Nomination of members

3. (1) The Employers’ Body and the Federation may each nominate to be members of a Committee such persons as that Body or Federation thinks fit.

(2) A nomination referred to in sub-regulation (1) shall be made in writing to the authorized person and shall be accompanied by a notice in writing, signed by the person nominated, indicating his consent to act as a member of the Committee to which the nomination relates.

Term of office of members

4. (1) A member shall hold office until—

(a) he resigns by notice in writing given to the authorized person; or

(b) his appointment is terminated by the authorized person in accordance with sub-regulation (2).

(2) If the Employers’ Body or the Federation requests, by notice in writing, the termination of the appointment of a member nominated by it, the authorized person shall terminate the appointment of that member.

Meetings

5. (1) A Committee shall hold such meetings as are necessary for the performance of its functions.

(2) Subject to sub-regulation (3), meetings of the Committee shall be held at such time, and at such place, as the Committee determines.

(3) A member may, at any time, require that a meeting of the Committee be held by notifying the other members and that meeting shall be held at a place, and at a time within 14 days after the last of those other members has been so notified, agreed to by a majority of the members.

(4) Where, by reason of absence or of physical or mental incapacity, a member would be prevented from attending a meeting referred to in sub-regulation (3), a member who requires such a meeting to be held shall be deemed to have complied with the requirements of sub-regulation (3) if each member, other than the first and second-mentioned members, is notified in accordance with that sub-regulation.

(5) At a meeting of a Committee, 2 members, one of whom shall be a member appointed on the nomination of the Employers’ Body and the other a member appointed on the nomination of the Federation, shall constitute a quorum.

(6) A meeting of a Committee shall be constituted by equal numbers of members nominated for appointment as members by the Employers’ Body and by the Federation.

(7) Subject to this regulation, the procedure to the followed at a meeting of a Committee shall be determined by the Committee.