Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUORY RULES 1952 No. 55(c)

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Parts.

1. Regulation 4 of the Conciliation and Arbitration Regulations is amended by inserting after the words “Sub-division A.—Appeals from Acts or Decisions of Registrar (Regulation 67).” the words “Subdivision AB.—Appeals from Conciliation Commissioners and Appeals under certain other Acts (Regulations 67A—67H).”.

2. After regulation 13 of the Conciliation and Arbitration Regulations the following regulation is inserted:—

Affidavits or affirmations.

“13A. The provisions of regulation 38 of these Regulations apply in relation to affidavits or affirmations used in proceedings before a Conciliation Commissioner in like manner as they apply in relation to affidavits or affirmations filed in the Court.”.

 

(c) Made under the Conciliation and Arbitration Act 1904—1952 on 4th July, 1952; notified in the Gazette on 4th July, 1952.

 

3. After regulation 19 of the Conciliation and Arbitration Regulations the following regulation is inserted:—

Certain applications under section 40 (d) of Act.

“19A.—(1.) In a proceeding before a Conciliation Commissioner in relation to an industrial dispute—

(a) a party to the dispute;

(b)the Attorney-General of a State; or

(c) an association (whether a party to the dispute or not) acting on behalf of persons who might be affected by any award or order that might be made by the Conciliation Commissioner in relation to the dispute,

may apply to the Conciliation Commissioner for a decision that he refrain from further hearing or from determining the dispute or part of the dispute onthe ground that the dispute or part has been dealt with or is being dealt with or is proper to he dealt with by a State Industrial Authority.

“(2.) Where an application is made under the last preceding sub-regulation, the Conciliation Commissioner shall hear the applicant and such parties as have an interest in the application.

“(3.) Where a Conciliation Commissioner refuses to grant an application under sub-regulation (1.) of this regulation, he shall, if the applicant so requests, make a record of the application and of his refusal, and that record shall be kept with the other documents relating to the dispute.”.

4. After regulation 20 of the Conciliation and Arbitration Regulations the following regulations are inserted:—

Record of refusal to refer matter to Court.

“20A. Where a Conciliation Commissioner refuses to grant an application that an industrial dispute, or an industrial dispute so far as it relates to a matter in dispute, be referred to the Court, he shall, at the request of a party to the dispute, make and sign a record of the application and of his refusal to grant it, and the record shall be kept with the other documents relating to the dispute.

Manner of reference of dispute to Court.

“20B.—(1.) A reference by a Conciliation Commissioner to the Court under sub-section (2.) of section 14A of the Act shall be in writing signed by the Conciliation Commissioner and filed with the Registrar, and shall set out—

(a)full particulars of the industrial dispute or, if the industrial dispute is referred to the Court so far as it relates to a matter in dispute, full particulars of the matter; and

(b)any findings of fact made by the Conciliation Commissioner in relation to the dispute, or in relation to the matter in dispute, as the case may be.

“(2.) The reference shall be accompanied by—

(a)a statement signed by the Chief Judge, or the Judge appointed in pursuance of sub-section (1.) of section 14A of the Act, as the case may be, that he concurs with the decision of the Commissioner to make the reference; and

(b)a copy of the notes (if any) of the evidence and argument before the Conciliation Commissioner relating to the dispute or the matter in dispute.”.

Reference of questions of law.

5. Regulation 21 of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “or a question as to whether he has jurisdiction under the Act in any matter” and inserting in their stead the words “including a question whether he is empowered to exercise jurisdiction under the Act in relation to a matter before him”; and

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Before referring any such question to the Court, otherwise than at the direction of the Chief Judge, a Conciliation Commissioner shall, where practicable, consult the parties who have appeared before him in relation to the matter and are affected by the question, and also with the Chief Conciliation Commissioner, as to the terms in which the question is to be so referred.”.

Documents for use of Court.

6. Regulation 36 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the word “four” and inserting in its stead the word “five”.

7. Regulations 37 and 38 of the Conciliation and Arbitration Regulations are repealed and the following regulations inserted in their stead:—

Affidavit to accompany documents.

“37.—(1.) Except where otherwise provided in these Regulations, a summons, application or notice of appeal in relation to proceedings or proposed proceedings in the Court or before a Judge shall be supported by an affidavit or affirmation.

“(2.) Where any such summons, application or notice of appeal, or a copy thereof, is served upon a party or other person, it shall be accompanied by a copy of the affidavit or affirmation.

Affidavits and affirmations.

“38.—(1.) An affidavit or affirmation filed in the Court—

(a) shall be on foolscap paper with a quarter margin;

(b) shall be written, typewritten or printed on one side of the paper only;

(c) shall not have more than five folios of seventy-two words on a page;

(d) shall not have less than two folios of seventy-two words on a page, except where it is the last or only page;

(e) shall be signed on each page by the deponent and the person before whom it is made; and

(f) if made in the Commonwealth, shall be made before a Justice of the Peace or a Commissioner of the High Court for taking affidavits.

“(2.) Except as provided in the last preceding sub-regulation, the provisions of the High Court Rules relating to affidavits apply, so far as applicable, to affidavits and affirmations filed in the Court.”.

Carriage of proceedings.

8. Regulation 40 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the words “and of all orders and awards made therein”.

9. Regulations 47 and 48 of the Conciliation and Arbitration Regulations are repealed and the following regulation is inserted in their stead:—

Settlement of awards and orders.

“47.—(1.) The Registrar shall, if the Court or a Judge so directs, settle the minutes of an award or order of the Court or a Judge.

“(2.) Where the Court or a Judge directs that the minutes of an award or order be settled by the Registrar, the party who has the carriage of the award or order shall, within seven clear days after the judgment or decision of the Court or Judge was given, or within such further time as the Court or a Judge allows, lodge the minutes of the award or order with the Registrar.

“(3.) The Registar shall, within seven days after the lodging of the minutes of an award or order, give to the parties such notice of his intention to settle the minutes as he thinks proper, but may, if he thinks it unnecessary to give notice to a party, settle the minutes without notice to that party.

“(4.) If a party is dissatisfied with the form in which the minutes of an award or order have been settled, he may, within two clear days after the settlement, apply to the Court or a Judge to vary the minutes as settled.

“(5.) If the party who has the carriage of an award or order fails to lodge minutes of the award or order within the time prescribed by this regulation, the Registrar may proceed to prepare and settle the minutes, and for that purpose may give all necessary notices, and the party in default shall, on demand by the Registrar, pay to him the fee prescribed in the Third Schedule to these Regulations for preparation by the Registrar of an award or order for settlement.

“(6.)Subject to any direction of the Court or a Judge, the party who is successful in a proceeding has the carriage of the award or order.”.

Procedure upon references to Court under the Act or under certain other Acts.

10. Regulation 52A of the Conciliation and Arbitration Regulations is repealed and the following regulations are inserted in its stead:—

“52A.—(1.) Where—

(a) in accordance with regulation 21 of these Regulations, a Conciliation Commissioner has referred to the Court a question of law arising in relation to a matter before him, including a question as to whether he is empowered to exercise jurisdiction under the Act in relation to a matter;

(b)in accordance with the next succeeding regulation, a Judge has referred a question of law arising in proceedings before him for the opinion of the Court;

(c) in accordance with regulation 20B of these Regulations, a Conciliation Commissioner has referred a dispute, or a dispute so far as it relates to a matter, to the Court; or

(d)in accordance with sub-section (5.) of section 14A of the Act, the Chief Judge or a Judge has referred a dispute, or a dispute so far as it relates to a matter, to the Court,

the Chief Judge shall fix a time and place for hearing by the Court of the question or dispute, and the Registrar shall give notice of the time and place so fixed, and shall forward a copy of the reference, to the

 

parties who appeared or were represented before the Conciliation Commissioner or Judge, or the representatives of those parties, to the Attorney-General and to such other persons as the Chief Judge directs.

“(2.) The provisions of the last preceding sub-regulation apply, mutatis mutandis, in relation to—

(a) industrial questions referred to the Court under sub-section (2.) or (5.) of section 24CA of the Snowy Mountains Hydro-electric Power Act 1949-1952; and

(b)claims, applications and matters referred to the Court under sub-section (1.) or (4.) of section 15A of the Public Service Arbitration Act 1920-1952.

Reference by single Judge to Full Court.

“52B. A reference by a Judge of a question of law arising in proceedings before him for the opinion of the Court in accordance with section 24A of the Act shall be in writing signed by the Judge and shall set out—

(a) full particulars of the matter in relation to which the question has arisen;

(b)any findings of fact made by the Judge in relation to the matter which may be relevant to the question;

(c)a short statement of the contentions of the parties on the question;

(d)if relevant to the question, the terms of any order proposed to be made by the Judge; and

(e) a precise statement of the question on which the opinion of the Court is sought,

and shall be accompanied by a copy of the notes (if any) of the evidence and argument before the Judge relevant to the questions.”.

11. Regulation 53 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead:—

Matters and questions referred to Court by Registrar.

“53. Where, in pursuance of section 30 of the Act, the Registrar refers a matter or question to the Court for decision, the Chief Judge shall fix a time and place for the hearing of the matter or question, and shall give such directions to the Registrar as the Chief Judge thinks proper for notifying any parties interested in the matter or question of the time and place so fixed.”.

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

Certain applications under section 40 (d) of the Act.

“54A. In a proceeding before the Court in relation to an industrial dispute—

(a)a party to the dispute;

(b)the Attorney-General of a State; or

(c) an association (whether a party to the dispute or not) acting on behalf of persons who might be affected by any award or order that might be made by the Court in relation to the dispute,

may apply to the Court for a decision that it refrain from further hearing or from determining the dispute or part of the dispute on the ground that the dispute or part has been dealt with or is being dealt with or is proper to be dealt with by a State Industrial Authority.”.

 

13. Regulation 61 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead:—

Alteration of rules by association applying for registration.

“61.—(1.) An application to the Court under section 71 of the Act shall be in accordance with Form 20.

“(2.) An association which has altered its rules in accordance with leave granted by the Court under section 71 of the Act shall, within twenty-eight days after the alteration, lodge with the Registrar two copies of the alterations, verified by statutory declaration, together with a copy of the order of the Court.”.

Procedure in certain cases by rule to show cause.

14. Regulation 63 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the words “or under sub-section (1.) of section 83” and inserting in their stead the words “under sub-section (1.) of section 83, under sub-section (5.) of section 83A”.

15. After Sub-division A of Division 3 of Part III. of the Conciliation and Arbitration Regulations the following Sub-division is inserted:—

“SUB-DIVISION AB.—APPEALS FROM CONCILIATION COMMISSIONERS AND APPEALS UNDER CERTAIN OTHER ACTS.

Interpretation.

“67A. In this Sub-division, a reference to the Chief Judge includes, in relation to an application or appeal, a reference to a Judge appointed by the Chief Judge to hear the application or appeal.

Appeal from refusal to refer dispute to Court.

“67B.—(1.) An appeal under sub-section (3.) of section 14A of the Act shall be instituted by filing with the Registrar a notice of appeal in accordance with Form 25A.

“(2.) The appellant shall, within seven days after the filing of the notice of appeal, serve a copy of the notice upon the parties who appeared or were represented before the Conciliation Commissioner or upon their representatives.

“(3.) The Chief Judge 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—

(a) the appellant;

(b)the persons upon whom a copy of the notice of appeal has been served; and

(c) such other persons as the Chief Judge directs.

Application for leave to appeal against order, award or decision.

“67C.—(1.) An application to the Chief Judge under sub-section (2.) of section 31A of the Act shall be made by filing with the Registrar an application in accordance with Form 25B.

“(2.) The applicant shall, within seven days after the filing of the application, serve a copy of the application upon the parties who appeared or were represented before the Conciliation Commissioner or upon their representatives.

“(3.) The Chief Judge 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—

(a) the applicant;

(b)the persons upon whom a copy of the application has been served; and

(c) such other persons as the Chief Judge directs.

 

Time for Institution of appeals.

“67D. If leave to appeal is granted by the Chief Judge, the appeal shall be instituted within seven days after the granting of leave.

Institution of appeal.

“67E.—(1.) The appeal shall be instituted by filing with the Registrar a notice of appeal in accordance with Form 25C, together with five copies of—

(a) the notice of appeal and the affidavit or affirmation filed in support of it;

(b)the order of the Chief Judge granting leave to appeal;

(c) the notice, summons or other document upon which the order, award or decision under appeal was made;

(d)the notes (if any) of the evidence and argument before the Conciliation Commissioner;

(e) each document which was an exhibit before the Conciliation Commissioner;

(f) the order, award or decision appealed against; and

(g)the statement (if any) of the reasons of the Conciliation Commissioner for the award, order or decision.

“(2,) The appellant shall, within seven days after the filing of the notice of appeal, serve a copy of the notice of appeal upon—

(a)the other parties who appeared or were represented before the Conciliation Commissioner or the representatives of those parties;

(b)such other persons as the Chief Judge directs; and

(c) the Attorney-General.

“(3.) A Judge may exempt an applicant from compliance with any of the requirements of sub-regulation (1.) of this regulation.

Hearing.

“67F. The Chief Judge 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—

(a) the appellant;

(b)the persons upon whom a copy of the notice of appeal has been served;

(c)such other persons as the Chief Judge directs; and

(d) the Attorney-General.

Application of other provisions.

“67G. Subject to this Sub-division, the provisions of Divisions 1 and 2, Sub-division C of Division 3, and Divisions 4 and 5, of Part III. of these Regulations apply, so far as they are applicable to appeals, to the procedure of the Court in appeals to which this Sub-division applies.

Appeals under certain other Acts.

“67H. The provisions of the Sub-division apply, mutatis mutandis, in relation to matters arising under—

(a) sections 24CA, 24CB and 24CC of the Snowy Mountains Hydro-electric Power Act 1949-1952; or

(b) sections 15A, 15B and 15C of the Public Service Arbitration Act 1920-1952,

as if references in this Sub-division to a Conciliation Commissioner were references to a Judge exercising powers under the first-mentioned Act, or the Public Service Arbitrator, as the case may be.”.

16. After regulation 136 of the Conciliation and Arbitration Regulations the following regulation is inserted in Part V.:—

Application of Part.

“136A. This Part applies only to persons holding office as Inspectors at the commencement of the Conciliation and Arbitration Act 1952.”.

First Schedule, Form 20.

17. The First Schedule to the Conciliation and Arbitration Regulations is amended by omitting Form 20 and inserting in its stead the following Form:—

“FORM 20.

Regulation 61.

APPLICATION FOR LEAVE TO ALTER RULES.

IN THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

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 a Judge of the Commonwealth Court of Conciliation and Arbitration 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 at  this  day of  , 19 .

On behalf of

[name of association]

To—

A Judge of the Commonwealth Court of Conciliation and Arbitration.”.

First Schedule, Forms 25A, 25B and 26C.

18. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 25 the following Forms:—

“FORM 25A.

Regulation 67B.

NOTICE OF APPEAL FROM THE REFUSAL OF A CONCILIATION COMMISSIONER TO REFER AN INDUSTRIAL DISPUTE TO THE COURT.

Conciliation and Arbitration Act 1904-1952.

In the matter of an Industrial Dispute between

[names of parties].

An appeal is hereby made by [name of appellant] against the refusal of [name of Conciliation Commissioner] at on the day of 19 to grant an application under sub-section (2.) of section 14A of the Conciliation and Arbitration Act 1904-1952 that he refer to the Commonwealth Court of Conciliation and Arbitration the above-mentioned industrial dispute [or the above-mentioned industrial dispute so far as it relates to the following matter, namely, (set out particulars of matter)].

The grounds of this appeal are as follows:—

[Set out grounds of appeal in numbered paragraphs.]

Dated at the  day of  19

Signature of Applicant.

To the Chief Judge of the Commonwealth Court of Conciliation and Arbitration.

 

“FORM 25B.

Regulation 67C.

APPLICATION FOR LEAVE TO APPEAL AGAINST AN ORDER, AWARD OR DECISION OF A CONCILIATION COMMISSIONER.

Conciliation and Arbitration Act 1904-1952.

In the matter of an Industrial Dispute between

[names of parties].

Application is hereby made by [name of applicant] for leave to appeal against the award [or order or decision] of [name of Conciliation Commissioner] made [or given] at on the day of  19 , in the above-mentioned industrial dispute.

The applicant is dissatisfied with the award [or order or decision] in the following respects:—

[Set out in numbered paragraphs the matters which the applicant wishes to raise upon the appeal.]

The grounds of this application are as follows:—

[Set out in numbered paragraphs the reasons why it is considered that leave to appeal should be granted, indicating, where the application is for leave to appeal against an order or award, the reasons why it is considered that the order or award deals with a matter of such importance that leave to appeal should, in the public interest, be granted.]

Dated at the day of .19 .

Signature of Applicant.

To the Chief Judge of the Commonwealth Court of Conciliation and Arbitration.

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“FORM 25C.

Regulation 67E.

APPEAL TO THE COURT FROM ORDER, AWARD OR DECISION OF A CONCILIATION COMM1SSIONER.

IN THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION.

In the matter of an Industrial Dispute between

[names of parties].

An appeal is hereby made by [name of appellant] against the award [or order or decision] made by [name of Conciliation Commissioner] at on the day of  19 , in the above-mentioned industrial dispute.

The appellant is dissatisfied with the award [or order or decision] in the following respects:—

[Set out in numbered paragraphs the matters to be raised at the hearing.]

The following are the grounds of this appeal:—

[Set out in numbered paragraphs the grounds of appeal.]

Dated this day of 19 .

Signature of Appellant.

To the Commonwealth Court of Conciliation and Arbitration.”.

 

First Schedule. Forms 33, 40, 41 and 42.

19. The First Schedule to the Conciliation and Arbitration Regulations is amended—

(a) by inserting in Form 33, after the words “on the association”, the words “, within seven days after the notice of objection has been so lodged,”; and

(b)by inserting in Forms 40, 41 and 42, after the words “on the organization”, the words “, within seven days after the notice of objection has been so lodged,”.

Third Schedule.

20. The Third Schedule to the Conciliation and Arbitration Regulations is amended by adding at the end thereof the following item:—

“Preparation by Registrar of award or order for settlement  (including any necessary notices and typing) .. ..  2 2 0”.

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