Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES.

1958. No. 7.

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1956 AND THE STEVEDORING INDUSTRY ACT 1956-1957.*

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 1904-1956 and the Stevedoring Industry Act 1956-1957.

Dated this 15th day of January, 1958.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

(Sgd.) H. E. HOLT

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 2.—Procedure in Particular Matters (other than Appeals) (Regulations 68-76).

Division 3.—Appeals (other than Appeals from Courts of a State or Territory) (Regulations 77-78).”

and inserting in their stead the words—

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

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

Affidavits and affirmations.

2. Regulation 14 of the Conciliation and Arbitration Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “affidavit”, the words “or affirmation”; and

(b) by inserting in sub-regulation (2.), after the word “affidavit”, the words “or affirmation”.

Application for suspension or cancellation of award.

3. Regulation 38 of the Conciliation and Arbitration Regulations is amended by inserting after the word “affidavit” the words “or affirmation”.

Applications under section 45B of Navigation Act.

4. Regulation 40 of the Conciliation and Arbitration Regulations is amended by adding at the end thereof the words “or affirmation”.

 

* Notified in the Commonwealth Gazette on 16th January, 1958.

  Statutory Rules 1956, No. 60, as amended by Statutory Rules 1957, No. 78.

7639/57.—PRICE 3D. 9/6.1.1958.

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

Applications under section 35 of the Stevedoring Industry Act 1956-1957.

“40a. An application under section 35 of the Stevedoring Industry Act 1956-1957—

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

(b) shall be filed with the Registrar; and

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

Appeals under section 37 of the Stevedoring Industry Act 1956-1957.

“40B.—(1.) A notice of appeal under section 37 of the Stevedoring Industry Act 1956-1957 shall be in accordance with Form 12B and shall be supported by an affidavit or affirmation.

“(2.) The prescribed person for the purposes of that section is the Registrar.

“(3.) Unless otherwise directed by the President or a Deputy President, an appeal under that section shall be heard at the Capital City of the State, or the principal city or town of the Territory, in which the port at which the appellant was registered is situated.”.

Repeal of regulation 75.

6. Regulation 75 of the Conciliation and Arbitration Regulations is repealed.

Division heading.

7. The heading to Division 3 of Part III. of the Conciliation and Arbitration Regulations is omitted and the following heading inserted in its stead:—

“Division 3.—Appeals from Registrar.”.

Repeal of regulation 78.

8. Regulation 78 of the Conciliation and Arbitration Regulations is repealed.

First Schedule.

9.—(1.) The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 12 the following forms:—

Regulation 40A. Form 12A.

APPLICATION UNDER SECTION 35 OF THE STEVEDORING INDUSTRY ACT 1956-19 .

The Australian Stevedoring Industry Authority hereby applies to the Commonwealth Conciliation and Arbitration Commission for a direction to the Authority to cancel or suspend the registration of

of  as an employer at the port of

The grounds upon 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 .........................................

 

Regulation 40B. FORM 12B.

NOTICE OF APPEAL UNDER SECTION 37 OF THE STEVEDORING INDUSTRY ACT 1956-19.

I, of hereby appeal to the Commonwealth Conciliation and Arbitration Commission against the suspension/cancellation of my registration as a waterside worker at the port of

The grounds upon which this appeal is lodged are as follows:—

I request that, if practicable, this appeal be heard at

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

Dated this day of , 19 .

Applicant.

To the Registrar.

(2.) The First Schedule to the Conciliation and Arbitration Regulations is amended by omitting from Form 13 the words and figures “Regulations 48 and 75.” and inserting in their stead the word and figures “Regulation 48.”.

(3.) The First Schedule to the Conciliation and Arbitration Regulations is amended by omitting Form 23.

 

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