Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES

1970. No.

—————

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1969.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Cancellation and Arbitration Act 1904-1969.

Dated this eighth day of January, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

B M Snedden

Minister of State for Labour and National Service.

—————

Amendments of the Conciliation and Arbitration Regulations 

Parts.

1. Regulation 3 of the Conciliation and Arbitration Regulations is amended by inserting after the words—

“Part IV.—Procedure of the Commonwealth Court of Conciliation and Arbitration (Regulations 108-114).”

the words—

“Part IVa.—The Flight Crew Officers Industrial Tribunal (Regulations 114a-114d).”

2. After Part IV. of the Conciliation and Arbitration Regulations the following Part is inserted:—

“Part IVa.—The Flight Crew Officers Industrial Tribunal.

Interpretation.

“114a.—(1.) In this Part, unless the contrary intention appears—

‘industrial question’ has the same meaning as in Part IIIA. of the Act;

‘the Tribunal’ means The Flight Crew Officers Industrial Tribunal established by Part IIIa. of the Act.

“(2.) In this Part―

(a) a reference to the person constituting the Tribunal shall be read as a reference to the person appointed by the Governor-General under section 88j of the Act to constitute the Tribunal; and

(b)a reference to a person appointed to perform the functions of the Tribunal in relation to an Industrial question shall be read as a reference to the person appointed under section 88r of the Act to perform the functions of the Tribunal in relation to that industrial question.

 

* Notified in the Commonwealth Gazette on  1969.

  Statutory Rules 1956, No. 60 as amended by Statutory Rules 1957. No. 78; 1958, Nos. 7 and 53; 1959, No. 19; 1960, No. 86; 1961, No. 123; 1963, No. 14; and 1967, Nos. 35 and 136.

23093/69—price 8c  10/10.12.1969

 

Remuneration payable to the person constituting the Tribunal.

“114b. For the purpose of paragraph (a) of section 88l of the Act, a fee of Seventy-five dollars is payable to the person constituting the Tribunal in respect of a day on which—

(a) the Tribunal, constituted by that person, sits for the purpose of—

(i) considering, inquiring into or investigating an industrial question;

(ii) making an award in relation to an industrial question;

(iii) considering a memorandum of the terms of an agreement made under section 31 of the Act in its application to the Tribunal; or

(iv) exercising a power conferred on it by paragraph (d)of sub-section (1.) of section 41 of the Act in its application to the Tribunal;

(b) the person constituting the Tribunal presides over a conference convened in accordance with section 29 of the Act in its application to the Tribunal;

(c) the person constituting the Tribunal sits as Chairman of a Conciliation Committee appointed under section 88za of the Act or sits for the purpose of considering a memorandum of agreement made under that section; or

(d) the Tribunal constituted by that person sits for the purpose of considering whether to make, or of making, an order under section 88y of the Act.

Remuneration payable to person appointed to perform the functions of the Tribunal.

“114c. For the purpose of paragraph (a) of section 88l of the Act in its application, by virtue of sub-section (2.) of section 88r of the Act, to a person appointed to perform the functions of the Tribunal in relation to an industrial question, a fee of One hundred dollars is payable to that person in respect of a day on which—

(a) the Tribunal, constituted by that person, sits for the purpose of—

(i) considering, inquiring into or investigating that industrial question;

(ii) making an award in relation to that industrial question;

(iii) considering a memorandum of the terms of an agreement made under section 31 of the Act in its application to the Tribunal, being an agreement in relation to that industrial question between all or any of the parties to that industrial question; or

(iv) exercising, in relation to that industrial question, a power conferred on the Tribunal by paragraph (d)of sub-section (1.) of section 41 of the Act in its application to the Tribunal;

(b) the person presides over a conference convened, in accordance with section 29 of the Act in its application to the Tribunal, in relation to that industrial question;

(c) the person sits as Chairman of a Conciliation Committee appointed under section 88za of the Act in relation to that industrial question or sits for the purpose of considering a memorandum of agreement made under that section in relation to that industrial question; or

(d)the Tribunal constituted by that person sits for the purpose of considering whether to make, or of making, an order under section 88y of the Act in relation to that industrial question.

 

Travelling allowance.

“114d. Where the person constituting the Tribunal or a person appointed to perform the functions of the Tribunal in relation to an industrial question is, in order to exercise his functions under the Act, necessarily absent overnight from his place of residence, he is entitled to be paid travelling allowance at the rate of Twenty-one dollars per day in respect of the time during which he is necessarily so absent from his place of residence.”.

Application.

3. The person who constituted The Flight Crew Officers Industrial Tribunal, and a person who, having been appointed under section 88r of the Conciliation and Arbitration Act 1904-1969 to perform the functions of that Tribunal in relation to an industrial question, performed those functions, during the period from and including the thirteenth day of December, 1967, to and including the day immediately before the date of commencement of these Regulations or during a part of that period are each entitled to be paid fees and travelling allowance as if the amendment of the Conciliation and Arbitration Regulations effected by the last preceding regulation had come into operation on the thirteenth day of December, 1967.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra