Conciliation and Arbitration Regulations (Amendment) (Cth)

Statutory Rules 1984 No. 221

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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 21 February 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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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Conciliation and Arbitration Regulations.

2. After regulation 36 of the Principal Regulations, the following regulations are inserted:

Notice for purposes of sub-section 49a (2) of the Act

“36a.(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 an industry in a Territory, shall be given to the person or organization (if any) that made an application for the variation of the term and—

(a) where the term is a common rule of an industry in the Australian Capital Territory, to—

(i) the Confederation of ACT Industry;

(ii) the Master Builders’ Association of the Australian Capital Territory;

(iii) the Metal Trades Industry Association of Australia; and

(iv) the Trades and Labour Council of the Australian Capital Territory Incorporated; or

(b) where the term is a common rule of an industry in the Northern Territory, to—

(i) the Australian Mines and Metals Association Inc;

(ii) the Master Builders’ Association of the Northern Territory;

(iii) the Northern Territory Confederation of Industry and Commerce Inc; and

(iv) the Northern Territory Trades and Labour Council.

“(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 the Act

“36b. A notice referred to in sub-section 49a (3) of the Act—

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

(b) shall be published in the Gazetteand in such newspaper or newspapers as the Registrar determines.

Notice for purposes of sub-section 49a (5) of the Act

“36c. A notice referred to in sub-section 49a (5) of the Act—

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

(b) shall be given by being published in the Gazette”.

Heading omitted

3. The Principal Regulations are amended by omitting the heading “THE SCHEDULES”

First Schedule

4. The First Schedule to the Principal Regulations is amended—

(a) by omitting the heading “FIRST SCHEDULE” and substituting “SCHEDULE 1”; and

(b) by inserting after Form 11 the forms set out in the Schedule to these Regulations.

Third Schedule

5. The Third Schedule to the Principal Regulations is amended by omitting the heading “THIRD SCHEDULE” and substituting “SCHEDULE 3”

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SCHEDULE Regulation 4

FORMS TO BE INSERTED IN FIRST SCHEDULE TO PRINCIPAL REGULATIONS

FORM 11aa Sub-regulation 36a (2)

THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION

Conciliation and Arbitration Act 1904

NOTICE UNDER SUB-SECTION 49a(2) IN RELATION TO VARIATION OF A COMMON RULE

In the matter of

[Set out title of award or order relevant to common rule in respect of which notice is given]

And in the matter of the variation of the award (or order) dated

19 in the above matter.

Notice is hereby given—

(a) that this matter involves the variation of the term (or terms) of the above-mentioned award (or order) referred to in the Schedule;

(b) that the term (or each of the terms) so referred to is a common rule of the (state relevant industry)in the Territory; and

(c) that the matter will be heard at p.m./ a.m. on

19 before sitting at

A copy of the award (or order) may be inspected at the office of the Registrar.

SCHEDULE

TERMS TO BE VARIED

Clause No. Subject Substance of variation

Dated 19 .

Registrar

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FORM 11ab Regulation 36b

THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION

Conciliation and Arbitration Act 1904

NOTICE UNDER SUB-SECTION 49a (3) IN RELATION TO VARIATION OF A COMMON RULE

In the matter of

[Set out title of award or order relevant to common rule in respect of which notice is given] And in the matter of the variation of the award (or order) dated

SCHEDULE—continued

19 in the above matter

Notice is hereby given

(a) that, on 19 , the Commission varied the term (or terms) of the above-mentioned award (or order) referred to in the Schedule as set out in the Schedule;

(b) that the variation will be a common rule of the (state relevant industry)in the Territory with effect from  19 ; and

(c) that any person or organization having an objection to the variation binding that person or organization and desiring to be heard in relation to that objection is invited to lodge with the Commission a notice of that objection within 28 days after the date specified in paragraph (a).

A copy of the award (or order) may be inspected at the office of the Registrar.

SCHEDULE

TERMS VARIED

Clause No. Subject Substance of variation

Dated 19 .

Registrar

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FORM 11ac

THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION

Conciliation and Arbitration Act 1901

NOTICE UNDER SUB-SECTION 49 (5) IN RELATION TO VARIATION OF A COMMON RULE

In the matter of

[Set out title of award or order relevant to common rule in respect of which notice is given]

And in the matter of the variation of the award (or order) dated

19 , in the above matter.

Notice is hereby given

(a) that, on 19 , the Commission varied the term (or terms) of the above-mentioned award (or order) referred to in the Schedule as set out in the Schedule:

(b) that the variation is (or will be) a common rule of the (state relevant industry) in the  Territory with effect from 19 : and

(c) that, on 19 , the Commission has. in accordance with sub-section 49a(4) of the Conciliation and Arbitration Act 1904, declared that the variation is not binding on (name of relevant person or organization).

SCHEDULE—continued

SCHEDULE

TERMS VARIED

Clause No. Subject Substance of variation

Dated 19 .

Registrar

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 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