Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES.

1961. No. 123.

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1961 AND THE STEVEDORING INDUSTRY ACT 1956-1961.

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 Conciliation and Arbitration Act 1904-1961 and the Stevedoring Industry Act 1956-1961.

Dated this 6th day of October, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

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—

“Division 2.—Procedure in Particular Matters (other than Appeals) (Regulations 67A-76).”

the words—

“Division 3.—Appeals—Long Service Leave Matters—Stevedoring Industry (Regulation 77).”.

2. After regulation 40B of the Conciliation and Arbitration Regulations the following regulations are inserted:—

Applications under section 52A of the Stevedoring Industry Act 1956-1961.

“40C. An application under sub-section (7.) of section 52A of the Stevedoring Industry Act 1956-1961—

(a) shall be in accordance with Form 12C;

(b) shall be filed with the Registrar; and

(c) shall be supported by an affidavit or affirmation.

General procedure in applications to the Commission.

“40D. An application to the Commission under any Act for which no other provision is made by these Regulations may be made by filing with the Registrar—

(a)an application setting out the name of the applicant, the nature of the matter, the nature of the order sought and the grounds on which the application is made; and

(b) an affidavit or affirmation verifying the facts set out in the application.”.

 

* Notified in the Commonwealth Gazette on 9th October, 1961.

  Statutory Rules 1956, No. 60, as amended by Statutory Rules 1957, No. 78; 1958, Nos. 7 and 53; 1959, No. 19; and 1960, No. 86.

6878/61.—PRICE 3D. 10/29.8.1961.

 

3. After Division 2 of Part III. of the Conciliation and Arbitration Regulations the following Division is inserted:—

“Division 3.—Appeals—Long Service Leave Matters—Stevedoring Industry.

Appeals under Part IIIA. of the Stevedoring Industry Act 1956-1961.

“77.—(1.) An appeal under Part IIIA. of the Stevedoring Industry Act 1956-1961 shall be instituted by filing with the Registrar a notice of appeal in accordance with Form 22 and an affidavit or affirmation verifying the facts stated in the notice of appeal.

“(2.) A copy of the notice of appeal and of the affidavit or affirmation shall be served on the Australian Stevedoring Industry Authority within seven days after they are filed.

“(3.) An appeal under that Part shall be instituted within twenty-one days after the decision appealed against has been given.”.

Qualifications of auditors.

4. Regulation 138F of the Conciliation and Arbitration Regulations is amended by inserting in sub-regulation (2.), after the word “relation”, the word “to”.

First Schedule —Form 12B.

5. The First Schedule to the Conciliation and Arbitration Regulations is amended by omitting from Form 12B the words “the suspension/cancellation of my registration as a waterside worker at the port of” and inserting in their stead the words “(give particulars of the cancellation, suspension, entry, transfer or refusal against which the appeal is made)”.

First Schedule —Form 12C.

6.The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 12B the following form:—

Regulation 40C. FORM 12C.

APPLICATION FOR RESCISSION OF DECLARATION BY AUSTRALIAN STEVEDORING INDUSTRY AUTHORITY.

Under section 52A of the Stevedoring Industry Act 1956-19 , the Australian Stevedoring Industry Authority made a declaration that a port stoppage occurred on the day of ,19 , at the port of [and, where applicable, and in that declaration (or in a supplementary declaration) identified the registered regular waterside workers who participated in that port stoppage].

The [name of applicant Union]applies to the Commonwealth Conciliation and Arbitration Commission for an Order rescinding the abovementioned declaration [or the abovementioned supplementary declaration] [or, where appropriate, in so far as it identifies the following waterside workers:—].

The grounds on which this application is made are as follows:—

Attached is an affidavit verifying the facts stated in this application.

Dated this day of , 19 .

To the Registrar.

Applicant.

 

First Schedule —Form 22.

7. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 21 the following form:—

Regulation 77. FORM 22.

NOTICE OF APPEAL UNDER PART IIIa. OF THE STEVEDORING INDUSTRY ACT 1956-19

IN THE COMMONWEALTH INDUSTRIAL COURT.

I, of hereby appeal to the Commonwealth Industrial Court against the following decision of the Australian Stevedoring Industry Authority given on the day of , 19 .

The grounds on which this appeal is made are as follows:—

I attach an affidavit verifying the facts stated in this notice of appeal.

Dated this day of ,19 .

Appellant.

To the Registrar.

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.