Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES.

1957. No. 78.

 

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

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.

Dated this 24th day of December, 1957.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Attorney-General.

Amendments of the Conciliation and Arbitration Regulations. 

Procedure on date fixed for hearing.

1. Regulation 20 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) On the date fixed for the hearing, the Commissioner—

(a) shall, after hearing all persons who attend before him as parties, or alleged parties, to the dispute as to the matters mentioned in sub-regulation (1.) of regulation 17 of these Regulations, review his previous conclusions as to those matters and make any necessary alterations to the record of his previous conclusions, or, if he has not previously done so, ascertain and record his conclusions on those matters as provided in that regulation;

(b) may determine whether the whole or any part of the evidence or argument is to be presented in writing;

(c) may, after giving to the parties appearing before him an opportunity of presenting their views as to the periods which are reasonably necessary for the fair and adequate presentation of the cases of the parties, determine the periods which are so necessary and inform the parties of their obligation to present their cases within the periods respectively determined; and

(d) shall proceed to hear the parties and settle the dispute by arbitration.”.

 

* Notified in the Commonwealth Gazette on 30th December, 1957.

  Statutory Rules 1956, No. 60.

4827/57.—Price 3d. 9/25.11.1957.

 

2. After regulation 47 of the Conciliation and Arbitration Regulations the following regulation is inserted:—

Jurisdiction in Chambers.

“47a.—(i.) The jurisdiction of the Court with respect to—

(a) an application which may, under these Regulations, be made ex parte; and

(b) a matter in relation to which these Regulations provide that jurisdiction may be exercised by a Judge, other than a matter referred to in sub-regulation (3.), (4.) or (5.) of regulation 77 of these Regulations,

may, when exercised by a single Judge, be exercised by the Judge sitting in Chambers.

“(2.) A Judge may, either on his own motion or on the motion of a party, direct that a matter brought on in Chambers be heard in open Court.”.

3. After regulation 54 of the Conciliation and Arbitration Regulations the following Regulation is inserted:—

Powers of Court relating to time and place of hearing.

“54a.—(1.) The Court or a Judge may, on its or his own motion or on the motion of a party, in relation to a matter before it or him, by order—

(a) adjourn the matter to a specified time and place;

(b) direct that the hearing of the matter, or the further hearing of the matter, take place at such place as the Court or the Judge specifies; and

(c) alter the date or place fixed for the hearing, or the further hearing, of the matter.

“(2.) An order made under the last preceding sub-regulation may be made subject to such conditions as the Court or the Judge thinks fit.”.

4. After regulation 67 of the Conciliation and Arbitration Regulations the following regulation is inserted in Division 2 of Part III.

Application for interpretation of award.

“67a.—(1.) An application to the Court or a Judge for the interpretation of an award shall be in accordance with Form 14a.

“(2.) When a time and place has been fixed for the hearing of the application, the Registrar shall complete the form of notice filed and furnish a copy thereof to the applicant for the purpose of service.”.

5. Regulation 120 of the Conciliation and Arbitration Regulations is repealed and the following Regulation inserted in its stead:—

Evidence in support of objection.

“120. The objector shall lodge with the notice of objection a statutory declaration in support thereof setting forth shortly the facts upon which the objector relies in respect of each ground of objection, and, within seven days after the notice of objection is lodged with the Registrar, shall serve copies of the notice of objection and of the statutory declaration on the applicants.”.

Service by post.

6. Regulation 143 of the Conciliation and Arbitration Regulations is amended by omitting the words “as a registered letter” and inserting in their stead the words “in a letter sent by registered post or as certified mail”.

Lodging of documents with the Registrar.

7. Regulation 144 of the Conciliation and Arbitration Regulations is amended by omitting the words “or by sending it in a prepaid registered letter properly addressed to him” and inserting in their stead the words “or by properly addressing, prepaying and posting the document in a letter sent by registered post or as certified mail”.

 

Service upon persons.

8. Regulation 158 of the Conciliation and Arbitration Regulations is amended by omitting from paragraph (d) the words “in a prepaid registered letter” and inserting in their stead the words “in a prepaid letter sent by registered post or as certified mail”.

Service upon corporations.

9. Regulation 159 of the Conciliation and Arbitration Regulations is amended by omitting from paragraph (d) of sub-regulation (1.) the words “in a prepaid registered letter” and inserting in their stead the words “in a prepaid letter sent by registered post or as certified mail”.

Service upon organizations.

10. Regulation 160 of the Conciliation and Arbitration Regulations is amended by omitting from paragraph (d) the words “in a prepaid registered letter” and inserting in their stead the words “in a prepaid letter sent by registered post or as certified mail”.

First Schedule.

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

Regulation 67a.

Form 14a.

Conciliation and Arbitration Act 1904-19 .

APPLICATION FOR INTERPRETATION OF AN AWARD.

In the Commonwealth Industrial Court.

In the matter of

[Set out title of award.]

And in the matter of an application for an interpretation of the above award dated the day of , 19 .

Application is hereby made by for an interpretation of the following provision of the above-mentioned award:—

[State appropriate section of award.]

The applicant submits that the provision should be interpreted in the following manner:—

[State shortly.]

Annexed is an affidavit or affirmation by verifying this application and the facts in relation to which the interpretation is sought.

Dated this day of , 19 .

Applicant.

To the persons and organizations bound by the above-mentioned award:

You are hereby notified that the above-mentioned application will be heard by the Commonwealth Industrial Court at in the State of

on the day of , 19 ,

at o’clock in the noon and that you may appear and be heard on the hearing of the application.

Dated this day of , 19 .

Registrar.

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