Conciliation and Arbitration Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 941

–––––––

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 29 June 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

R. WILLIS

Minister of State for Employment and Industrial Relations

Principal Regulations

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

Interpretation

2. Regulation 146a of the Principal Regulations is amended by omitting from the definition of “applicant” in sub-regulation (1) “an amalgamation” and “for approval of the amalgamation” and substituting “a proposed amalgamation” and “ in respect of the proposed amalgamation” respectively.

Schemes submitted under section 158f

3. Regulation 146b of the Principal Regulations is amended—

(a) by omitting “an amalgamation” and substituting “a proposed amalgamation”; and

(b) by adding at the end thereof the following sub-regulation:

“(2) Where a scheme for a proposed amalgamation contains an alternative provision, the scheme shall, in addition to the matters referred to in paragraphs (1) (a), (b), (c), (d), (e), (f) and (g), set out, in respect of each alternative amalgamation in relation to the scheme—

(a) in so far as that alternative amalgamation involves a matter referred to in paragraph (1) (a), (b), (c), (d) or (e)—the differences between the proposed amalgamation and that alternative amalgamation in relation to that matter; and

(b) the differences between the proposed amalgamation and that alternative amalgamation in relation to—

(i) arrangements of the kind referred to in paragraph (i) (g);

(ii) the rules of any association that is to be registered as an organization; and

(iii) any proposed alterations of the rules of an existing organization.”.

Applications under section 158f

4. Regulation 146c of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) “approval of an amalgamation” and substituting “the approval of the Industrial Registrar under section 158j of the Act in respect of a proposed amalgamation”;

(b) by omitting paragraph (1) (a) and substituting the following paragraph:

“(a) be accompanied by 2 copies of—

(i) each of the resolutions passed in accordance with section 158d of the Act in respect of the proposed amalgamation; and

(ii) where the scheme for the proposed amalgamation contains an alternative provision—each of the resolutions passed in accordance with sub-section 158f (1a) of the Act in respect of that alternative provision,

each copy being verified by a declaration of 2 or more officers of the organization concerned;”;

(c) by omitting from paragraph (1) (b) “the amalgamation” (first occurring) and substituting “the proposed amalgamation or an alternative amalgamation (if any)”;

(d) by omitting from paragraph (1) (c) “the amalgamation” and substituting “the proposed amalgamation or an alternative amalgamation (if any)”; and

(e) by omitting from paragraph (1) (d) “in connexion with the amalgamation” and substituting “in connection with the proposed amalgamation and, where the scheme for the proposed amalgamation contains an alternative provision, each alternative amalgamation”.

5. After regulation 146c of the Principal Regulations the following regulations are inserted:

Applications under section 158fa

“146ca. (1) An application to the Full Bench under section 158faof the Act shall be in writing signed by 2 officers of each of the organizations making the application, being officers authorized to sign the application, and shall be lodged with the Industrial Registrar together with—

(a) a declaration verifying the facts set out in the application; and

(b) a copy of the scheme submitted under section 158f of the Act.

“(2) A declaration for the purposes of this regulation shall be made before the Registrar, a Justice of the Peace or a Commissioner for Affidavits.

Declaration that amalgamation is in public interest to be published

“146cb. Where the Full Bench has, in accordance with section 158fa of the Act, made a declaration in respect of a proposed amalgamation, the Registrar shall cause a notice of the declaration to be published in the same issue of the Gazette in which the notice referred to in section 158g of the Act in relation to the proposed amalgamation is published.”.

Notice of application for amalgamation

6. Regulation 146d of the Principal Regulations is amended—

(a) by omitting “application for approval of an amalgamation” and substituting “an application for approval in respect of a proposed amalgamation”;

(b) by omitting from paragraph (a) “the amalgamation” and substituting “the proposed amalgamation or an alternative amalgamation (if any)”; and

(c) by omitting from paragraph (b) “service of a document in connexion with the amalgamation on the applicants” and substituting “service on the applicants of a document in connection with the proposed amalgamation or an alternative amalgamation (if any)”.

Objections to amalgamations

7. Regulation 146e of the Principal Regulations is amended by omitting from paragraph (1) (b) “paragraphs (a), (b), (c) and (d) of sub-regulation (1) of section 158h” and substituting “paragraphs 158h (1) (a), (b), (c) and (d)”.

8. Regulation 146m of the Principal Regulations is repealed and the following regulation substituted:

Service of documents

“146m. A document that is served on the organization specified, in accordance with paragraph 146c (1) (d), in an application for approval referred to in sub-section 158f (1) of the Act in relation to a proposed amalgamation, being a document in connection with the proposed amalgamation or an alternative amalgamation (if any), shall be deemed to have been served on all the applicants.”.

Payment of unclaimed monies to Commonwealth

9. Regulation 162a of the Principal Regulations is amended by omitting “a member of the staff of the Bureau” and substituting “an officer of the Department”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 July 1983.

2. Statutory Rules 1956 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; and by Act No. 53 of 1970.