Conciliation and Arbitration Regulations (Amendment) (Cth)

Statutory Rules 1986 No. 931

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Conciliation and Arbitration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of 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.

Dated 8 May 1986.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

R. WILLIS

Minister of State for Employment

and Industrial Relations

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1. Regulation 146s of the Conciliation and Arbitration Regulations is repealed and the following regulation substituted:

Ballot papers—Form

“146s. (1) Where the scheme for a proposed amalgamation does not contain an alternative provision, the ballot papers for use in a ballot of the members of an organization in respect of the proposed amalgamation shall—

(a) if the organization makes an election under sub-regulation (3) in respect of the ballot papers—be in accordance with Form 39da; or

(b) in any other case—be in accordance with Form 39d.

“(2) Where the scheme for a proposed amalgamation contains an alternative provision, the ballot papers for use in the ballots of the members of an organization in respect of the proposed amalgamation shall—

(a) if the organization makes an election under sub-regulation (4) in respect of the ballot papers—be in accordance with Form 39ea; or

(b) in any other case—be in accordance with Form 39e.

 

“(3) An organization concerned in a proposed amalgamation the scheme of which does not contain an alternative provision may elect to have ballot papers in accordance with Form 39da used in a ballot of the members of the organization in respect of the proposed amalgamation.

“(4) An organization concerned in a proposed amalgamation the scheme of which contains an alternative provision may elect to have ballot papers in accordance with Form 39eaused in a ballot of the members of the organization in respect of the proposed amalgamation.

“(5) An election under sub-regulation (3) or (4) by an organization in relation to a ballot shall be made, in writing, by or on behalf of the committee of management of the organization and given to the person conducting the ballot not later than 28 days before the commencing date of the ballot.”.

Manner of voting

2. Regulation 146u of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1) and substituting the following sub- regulation:

“(1) A person entitled to vote at a ballot of the members of an organization in respect of a proposed amalgamation shall record that person’s vote on a ballot paper for that ballot in the following manner:

(a) where the organization has made an election under sub-regulation 146s (3) or (4) in respect of the ballot papers in the ballot—

(i) if the person approves the amalgamation—by placing a tick or across in the space provided opposite the word ‘YES’ opposite the question on the ballot paper; or

(ii) if the person does not approve the amalgamation—by placing atick or a cross in the space provided opposite the word ‘NO’ opposite the question on the ballot paper;

(b) in any other case—

(i) if the person approves the amalgamation—by writing legibly ‘YES’ in the space provided opposite the question set out in the ballot paper; or

(ii) if the person does not approve the amalgamation—by writing legibly ‘NO’ in the space provided opposite the question set out in the ballot paper.”.

Scrutiny

3. Regulation 146w of the Conciliation and Arbitration Regulations is amended by omitting paragraph (3) (c) and substituting the following paragraph:

“(c) it is so imperfectly marked that the intention of the voter is not clear.”.

 

Schedule 1

4. Schedule 1 to the Conciliation and Arbitration Regulations is amended—

(a) by inserting after Form 39d the following form:

FORM 39da Sub-regulation 146s (1)

Conciliation and Arbitration Act 1904

 BALLOT OF MEMBERS OF

 (Name of Organization Whose Members are Voting)

 

BALLOT PAPER IN RESPECT OF PROPOSED

 AMALGAMATION

(Initials, or facsimile of initials, of the person conducting the ballot)

Directions to Voter

1. Record your vote on the ballot paper as follows—

• if you approve the amalgamation referred to in the question set out below, place a tick (‘P’) or a cross (‘X’) in the space provided opposite the word ‘YES’

• if you do not approve the amalgamation referred to in the question set out below, place a tick (‘P’) or a cross (‘X’) in the space provided opposite the word ‘NO’

2. Do not place on this paper any mark or writing by which you may be identified.

3. Mark only one square.

QUESTION FOR VOTERS–

DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organization whose members are voting) WITH THE FOLLOWING ORGANIZATION (S), NAMELY,	YES c
(name of organization or each organization with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER?	NO c

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Further Directions

After you have recorded your vote—

(a) fold this paper so as to conceal the way in which you have voted;

(b) place this paper in the envelope addressed to the person conducting the ballot and seal that envelope; and

(c) post the envelope so that it may reach the person conducting the ballot on or before (closing date of the ballot).

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; and

(b) by inserting after Form 39e the following form:

 FORM 39ea  Sub-regulation 146s (1)

Conciliation and Arbitration Act 1904 BALLOT OF MEMBERS OF (Name of Organization Whose Members are Voting) (Initials, or facsimile of initials, of the person conducting the ballot)

Directions to Voter

1. This paper contains 2 ballot papers. Record your vote on each ballot paper as follows—

• if you approve the amalgamation referred to in the question set out in the ballot paper, place a tick (‘P’) or a cross (‘X’) in the space provided opposite the word ‘YES’

• if you do not approve the amalgamation referred to in the question set out in the ballot paper, place a tick (‘P’) or a cross (‘X’) in the space provided opposite the word ‘NO’

2. Do not place on this paper any mark or writing by which you may be identified.

3. Mark only one square on each ballot paper.

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BALLOT PAPER IN RESPECT OF PROPOSED AMALGAMATION

QUESTION FOR VOTERS–

DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organization whose members are voting) WITH THE FOLLOWING ORGANIZATION (S), NAMELY,	YES c
(name of organization or each organization with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER?	NO c

BALLOT PAPER IN RESPECT OF ALTERNATIVE AMALGAMATION

Note: You will not be taken to have recorded a formal vote in this ballot on the question of an alternative amalgamation if you have not recorded in the first ballot a formal vote in favour of the proposed amalgamation.

QUESTION FOR VOTERS—

IF THE PROPOSED AMALGAMATION IN RESPECT OF WHICH YOU HAVE JUST RECORDED YOUR VOTE DOES NOT TAKE PLACE, DO YOU APPROVE THE AMALGAMATION OF (name of organization whose members are voting)WITH THE OTHER ORGANIZATIONS CONCERNED IN THE AMALGAMATION WHOSE MEMBERS GIVE A LIKE APPROVAL?	YES c
	NO c

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Further Directions

After you have recorded your vote–

(a) fold this paper so as to conceal the way in which you have voted;

(b) place this paper in the envelope addressed to the person conducting the ballots and seal that envelope; and

(c) post the envelope so that it may reach the person conducting the ballots on or before (closing date of the ballots).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 May 1986.

2. Statutory Rules 1 $56 No. 60 as amended by 1957 No. 78; 1958 Nos. 7 and 53; 1959 No. 19; 1960 No. 86; 1961 No. 123; 1963 No. 14; 1967 Nos. 35 and 136; 1970 Nos. 1 and 162; 1971 Nos. 95 and 113; 1972 Nos. 6, 51, 107, 150 and 161; 1973 No. 225; 1974 Nos. 171, 185, 233 and 248; 1976 No. 187; 1977 No. 33; 1980 Nos. 119, 189, 190 and 363; 1981 Nos. 119, 200 and 201; 1982 Nos. 105 and 108; 1983 Nos. 94, 104 and 217; 1984 Nos. 20, 21, 22, 79, 101, 147, 224, 315, 464 and 465; 1985 Nos. 19 and 285; and by Act No. 53 of 1970.