Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES.

1958. No. 53

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1958.*

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 1904-1958.

Dated this  seventh

day of August , 1958.

W.J. SLIM

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 omitting the words—

“Division 3.—Appeals from Registrar (Regulation 77).”.

Settlement of awards and orders.

2. Regulation 39 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (4.).

3. After regulation 39 of the Conciliation and Arbitration Regulations the following regulations are inserted:—

References by Registrar.

“39a. Where, under section 88e of the Act, the Registrar refers a matter or question to the Commission for decision, the President shall—

(a) fix a time and place for the hearing of the matter or question; and

(b)give such directions to the Registrar as he thinks proper for notifying any persons interested in the matter or question of the time and place so fixed.

Appeals from Registrar.

“39b.—(1.) An application under section 88f of the Act for leave to appeal to the Commission shall (subject to sub-regulation (7.) of this regulation) be made within twenty-one days after the act or decision sought to be appealed against—

(a)by filing with the Registrar an application in accordance with Form 11a; and

(b) by serving a copy of the application on any other person who appeared or was represented before the Registrar or on his representative.

* Notified in the Commonwealth Gazette on 14th August,  1958.

  Statutory Rules 1956, No. 60, as amended by Statutory Rules 1957, No. 78; and 1958 No. 7

3704/58.—Price 5d. 9/22.7.1958.

 “(2.) The President shall fix a time and place for the hearing of the application and the Registrar shall give notice of the time and place so fixed to the applicant and to any other person who appeared or was represented before the Registrar or to his representative and to any person to whom the President or the Commission directs that notice be given.

“(3.) The Registrar may, if the Commission thinks fit, be heard on the application for leave to appeal.

“(4.) If leave to appeal is granted—

(a) the Commission may proceed to hear the appeal forthwith if it is satisfied that it is just to do so; or

(b) in any other case, the Commission shall fix a time and place for the hearing of the appeal and the Registrar shall give notice of the time and place so fixed to the appellant, to all persons to whom notice of the hearing of the application for leave to appeal was given and to all persons who appeared on the hearing of the application for leave to appeal.

“(5.) The Registrar may, if the Commission thinks fit, be heard on the hearing of the appeal.

“(6.) In this regulation, ‘the Commission’ means the Commission constituted as provided in section 88f of the Act.

“(7.) An application for leave to appeal from an act or decision of the Registrar done or given on or after the seventeenth day of April, 1958, and before the commencement of this regulation, may be made within twenty-one days after the commencement of this regulation.

Costs of references by, and appeals from, the Registrar.

“39c.—(1.) The Commission may make such orders as it thinks just as to the costs and expenses (including the expenses of witnesses) of proceedings before it under section 88e or section 88f of the Act.

“(2.) Where the Commission orders a party to pay another party the costs of any proceedings, the Commission may either fix the amount of the costs to be paid or direct the costs to be taxed by the Registrar and give directions as to the basis of the taxation.

“(3.) Where the Commission orders a party to pay another party the costs of any proceedings and directs the costs to be taxed by the Registrar, either party may obtain an appointment before the Registrar for the taxation of the bill of costs as between party and party and the bill shall be taxed by the Registrar.

“(4.) The party so obtaining the appointment shall give to each party entitled to be heard on the taxation, or to his representative, notice of the appointment as directed by the Registrar and shall, at the same time, serve a copy of the bill to be taxed on that party or representative.

“(5.) Where costs are to be taxed, the basis of the taxation shall, subject to any directions of the Commission, be the same as the basis on which costs of proceedings before the Court are taxed.

“(6.) A copy of an order by the Commission for the payment of costs may be filed in the Court and shall thereupon have effect in all respects and be enforceable as if it were an order of the Court.

 “(7.) Where a copy of an order of the Commission which directs costs to be taxed by the Registrar is filed in the Court under the last preceding sub-regulation, it shall be accompanied by a certificate by the Registrar certifying the amount of the taxed costs and shall have effect as if the order had fixed that amount as the amount of the costs to be paid.

“(8.) In this regulation, ‘the Commission’ means the Commission constituted as provided in section 88e or section 88f of the Act, as the case may be.”.

Jurisdiction in Chambers.

4. Regulation 47a of the Conciliation and Arbitration Regulations is amended by omitting from paragraph (b)of sub-regulation (1.) the words “other than a matter referred to in sub-regulation (3.), (4.) or (5.) of regulation 77 of these Regulations,”.

Application for interpretation of award.

5. Regulation 67a of the Conciliation and Arbitration Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) The applicant shall serve a copy of the completed form of notice on each organization which is, and on each person (not being a member of an organization) who is, bound by the award at least five clear days (or such lesser number of days as the Court or a Judge allows) before the day fixed for the hearing of the application.”.

Procedure under section 109 (1.) (a) or (b), 140, 141, 143 (1.) or 150.

6. Regulation 70 of the Conciliation and Arbitration Regulations is amended by omitting paragraph (a) of sub-regulation (3.) and inserting in its stead the following paragraph:—

“(a) the rule, or the part of a rule, to which the application relates;”.

Questions referred to Court by Registrar.

7. Regulation 71 of the Conciliation and Arbitration Regulations is amended by omitting the words “matter or” (wherever occurring).

Alteration of rules by association applying for registration.

8. Regulation 72 of the Conciliation and Arbitration Regulations is repealed.

Repeal of Division 3 of Part III.

9. Division 3 of Part III. of the Conciliation and Arbitration Regulations is repealed.

Taxation of costs between party and party.

10. Regulation 97 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where the Court or a Judge orders a party to pay another party the costs of any proceedings and directs the Registrar to tax those costs, either party may obtain an appointment before the Registrar for the taxation of the bill of costs as between party and party and the bill shall be taxed by the Registrar.”.

Conditions of registration.

11. Regulation 115 of the Conciliation and Arbitration Regulations is amended by omitting paragraph (i) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(i) none of the rules of the association shall be a rule which, if the association were registered, would contravene subsection (1.) of section 140 of the Act.”.

Applications under section 134.

12. After regulation 124 of the Conciliation and Arbitration Regulations the following regulation is inserted:—

“124a.—(1.) An application to the Registrar under section 134 of the Act by an association applying to be registered as an organization shall, unless the Registrar who is hearing the application for registration otherwise directs, be in accordance with Form 31a and shall be filed with the Registrar.

“(2.) An association which has altered its rules in accordance with leave granted by the Registrar under section 134 of the Act shall, within twenty-eight days after the alteration, lodge with the Registrar two copies of the alterations verified by statutory declaration.”.

Service upon persons.

13. Regulation 158 of the Conciliation and Arbitration Regulations is amended by omitting paragraph (d)and inserting in its stead the following paragraph:—

“(d) posting it in a pre-paid letter sent by registered post or as certified mail addressed to that person at his usual place of residence or business or, where that person has filed an address for service, at that address.”.

Form 11 A.

14. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 11 the following Form:—

Regulation 39b. Form 11a.

Conciliation and Arbitration Act 1904-19 .

APPLICATION TO COMMONWEALTH CONCILIATION AND ARBITRATION

COMMISSION FOR LEAVE TO APPEAL FROM REGISTRAR.

In the matter of

[State brief particulars of matter in which leave to appeal is sought.]

Application is hereby made by  for leave to appeal against the following act [or decision] of [set out title of Registrar] at [set out Registry]done [or given] on the day of , 19 , namely

[set out particulars of act or decision sought to be appealed against],

The grounds of this application are as follows:—

[Set out grounds in numbered paragraphs.]

Dated at the day of  , 19 .

Applicant.

To the Commonwealth Conciliation and Arbitration Commission.

Forms 16 and 22.

15. The First Schedule to the Conciliation and Arbitration Regulations is amended by omitting Forms 16 and 22.

Form 31A.

16. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 31 the following Form:—

 

Regulation 124a.  Form 31a.

Conciliation and Arbitration Act 1904-19 .

APPLICATION FOR LEAVE TO ALTER RULES.

In the matter of an application by [name of association]

for leave to alter rules.

The [name of association], which has applied for registration as an organization, hereby applies to the Registrar for leave to alter its rules to enable it to comply with the prescribed conditions [or to remove a ground of objection taken by an objector in accordance with the Regulations or by the Registrar].

Particulars of the proposed alterations of the rules are as follows:—

[Set out text of proposed alterations.]

Dated this day of  , 19  .

On behalf of [name of association].

Signature.

To the Registrar.

Second Schedule.

17. The Second Schedule to the Conciliation and Arbitration Regulations is repealed and the following Schedule inserted in its stead:—

SECOND SCHEDULE.

Regulation 98.

COSTS.	£	s.	d.
Drawing a document (including a bill of costs), per folio.......................................................	3	0
Engrossing a document, per folio..........................................................................................	1	3
Carbon or machine-made copies, or copies that could have been but were not made when the original was made, per folio..........................................................................................	8
Attending to file document...................................................................................................	8	0
Service of any document (in addition to mileage where chargeable)—....................................
Personal service by solicitor or his clerk......................................................................	16	0
Service by post or on solicitor for a party or at filed address for service.........................	8	0
Attendance of party at Court, per day, not exceeding.............................................................	3	0	0
Attendance on taxation of costs, for each hour or part of an hour............................................	1	11	6

WITNESSES’ EXPENSES.

The allowances to witnesses shall be the same as in the Supreme Court of the State or Territory of the Commonwealth where the witnesses attend unless, for special reasons, the Court directs that some other allowances be made.

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