Conciliation and Arbitration Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 1011

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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 and in pursuance of section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Conciliation and Arbitration Act 1904.

Dated 31 May 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

R. WILLIS

Minister of State for Employment and Industrial Relations

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Application for common rule

1. Regulation 33 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1) and substituting the following sub-regulations:

“(1) This regulation applies in relation to an application to the Commission for a declaration that any term of an award shall—

(a) in a Territory, be a common rule of any industry; or

(b) be a common rule of the whole or any specified part or branch of public service.

“(1a) An application to which this regulation applies shall be made by filing with the Registrar an application in accordance with Form 9.”.

Publication of common rule

2. Regulation 36 of the Conciliation and Arbitration Regulations is amended by omitting “shall, in a Territory of the Commonwealth, be a common rule of an industry,” and substituting “shall be a common rule,”.

 

3. After regulation 36a of the Conciliation and Arbitration Regulations the following sub-regulation is inserted:

Notice for purposes of sub-section 49a (2) of Act—common rule relating to public service

“36aa.(1) The notice referred to in sub-section 49a (2) of the Act in relation to a term of an award, being a term that is a common rule of the whole or any specified part or branch of public service—

(a) shall be given to—

(i) the person or organization (if any) that made an application for the variation of the term;

(ii) the Public Service Board;

(iii) the Public Service Commissioner for the Northern Territory;

(iv) the Director, Office of Industrial Relations, Department of the Chief Minister, Northern Territory; and

(v) the Australian Council of Trade Unions; and

(b) shall be published in theGazette.

“(2) A notice referred to in sub-regulation (1)—

(a) shall be in accordance with Form 11aa; and

(b) shall be given by serving a copy of the notice on the person or body to whom the notice is to be given.”.

Publication of notice for purposes of sub-section 49a (3) of Act

4. Regulation 36b of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from paragraph (a) “and”; and

(b) by omitting paragraph (b) and substituting the following paragraphs:

“(b) shall be published in the Gazette; and

(c) shall, where the notice relates to a common rule of an industry in a Territory, be published in such newspaper or newspapers as the Registrar determines.”.

Application of Part to proceedings under Divisions 1a, 2, 3 and 4 of Part III of Act

5. Regulation 42 of the Conciliation and Arbitration Regulations is amended by inserting “1a,” after “Divisions” (first occurring).

6. After regulation 164aab of the Conciliation and Arbitration Regulations the following regulations are inserted:

Bodies to which definition of “Commonwealth authority” in sub-section 70a (1) of Act does not apply

“164aac. (1) The bodies specified in sub-regulation (2) are declared to be bodies to which the definition of ‘Commonwealth authority’ in sub-section 70a (1) of the Act does not apply.

“(2) The bodies referred to in sub-regulation (1) are the following bodies:

(a) Aboriginal Hostels Limited;

(b) AUSSAT Pty Ltd;

(c) Australian Capital Territory Gaming and Liquor Authority;

(d) Australian Maritime College;

(e) The Australian National University;

(f) Canberra College of Advanced Education;

(g) Canberra Theatre Trust;

(h) Commonwealth Accommodation and Catering Services Limited;

(j) Commonwealth Banking Corporation;

(k) Qantas Airways Limited;

(m) Reserve Bank of Australia.

Prescribed Territory laws for purposes of paragraph (e) of definition of “employee” in sub-section 70a (1) of the Act

“164aad. (1) The laws specified in sub-regulation (2) are prescribed for the purposes of paragraph (e) of the definition of ‘employee’ in sub-section 70a (1) of the Act.

“(2) The laws referred to in sub-regulation (1) are the following laws:

(a) the Fire Brigade (Administration) Ordinance 1974of the Australian Capital Territory;

(b) the Teaching Service Act 1981 of the Northern Territory.

Bodies to which definition of “Northern Territory authority” in sub-section 70a (1) of Act does not apply

“164aae. (1) The bodies specified in sub-regulation (2) are declared to be bodies to which the definition of ‘Northern Territory authority’ in sub-section 70a (1) of the Act does not apply.

“(2) The bodies referred to in sub-regulation (1) are the following bodies:

(a) Alice Springs Town Council;

(b) Darwin City Council;

(c) Jabiru Town Development Authority;

(d) Katherine Town Council;

(e) Nhulunbuy Corporation Limited;

(f) Northern Territory Electricity Commission;

(g) Tennant Creek Town Council;

(h) Territory Insurance Office.”.

 

Schedule 1

7. Schedule 1 to the Conciliation and Arbitration Regulations is amended as set out in the following table:

Provision amended	Omit—	Substitute—
Form 9.....................	1904-19 the [state industry] in the Territory	1904 [specify industry and Territory or whole (or part or branch) of public service, as the case requires]
Form 10...................	1904-19 the [state industry] in the Territory	1904 [specify industry and Territory or whole (or part or branch) of public service, as the case requires]
Form 11...................	1904-19 the [state industry]	1904 [specify industry and Territory or whole (or part or branch) of public service, as the case requires]
Form 11aa...............	Sub-regulation 36a (2)	Sub-regulations 36A (2) and 36aa (2)
(or order) dated (or terms) (or order) referred (or each of the terms) the (state relevant industry) in the Territory	[or order] dated [or terms] [or order] referred [or each of the terms] [specify industry and Territory or whole (or part or branch) of public service, as the case requires]
(or order) may	[or order] may
Form 11ab...............	(or order) dated (or terms) (or order) referred the (state relevant industry) in the Territory	[or order] dated [or terms] [or order] referred [specify industry and Territory or whole (or part or branch) of public service, as the case requires]
(or order) may (or order) may	[or order] may [or order] may
Form 11ac...............	1901 (or order) dated varied the term (or terms)	1904 [or order] dated varied the term [or terms]
(or order) referred (or will be) the (state relevant industry) in the Territory	[or order] referred [or will be] [specify industry and Territory or whole (or part or branch) of public service, as the case requires]
(name of relevant person or organization)	[name of relevant person or organization]

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 June 1984.

2. Statutory Rules 1956 No. 60 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 20 and see also