Conciliation and Arbitration Regulations (Cth)
CONCILIATION AND ARBITRATION REGULATIONS
- In force under the Conciliation and Arbitration Act 1904
- Reprinted as at 30 September 1986 (HISTREG CHAP 112 #DATE 30:09:1986)
- In force under the Conciliation and Arbitration Act 1904
- Reprinted as at 30 September 1986 (HISTREG CHAP 112 #DATE 30:09:1986)
*1* The Conciliation and Arbitration Regulations (in force under the Conciliation and Arbitration Act 1904) as shown in this reprint comprise Statutory Rules 1956 No. 60 amended as indicated in the Tables below.
Table of Statutory Rules
Table of Statutory Rules-continued
----------------------------------------------------------------------------- Year and number Date of
notification
in Gazette Date of
commencement Application, saving
or transitional
provisions
----------------------------------------------------------------------------- 1956 No. 60 15 Aug 1956 15 Aug 1956
1957 No. 78 30 Dec 1957 30 Dec 1957 -
1958 No. 7 (a) 16 Jan 1958 16 Jan 1958 -
No. 53 14 Aug 1958 14 Aug 1958 -
1959 No. 19 12 Mar 1959 12 Mar 1959 R. 1 (2)
1960 No. 86 27 Oct 1960 27 Oct 1960 -
1961 No. 123 (b) 9 Oct 1961 9 Oct 1961 -
1963 No. 14 (c) 25 Feb 1963 25 Feb 1963 -
1967 No. 35 30 Mar 1967 30 Mar 1967 R. 17
No. 136 5 Oct 1967 5 Oct 1967 -
1970 No. 1 (d) 15 Jan 1970 15 Jan 1970 R. 3
1970 No. 162 27 Oct 1970 27 Oct 1970 R. 6 (2)
1971 No. 95 22 July 1971 22 July 1971 -
No. 113 26 Aug 1971 1 Sept 1971 (see r. 1
and Gazette 1971, p.
5496) -
1972 No. 6 24 Jan 1972 1 Feb 1972 (see r. 1
and Gazette 1972, No.
4, p. 1) -
No. 51 24 Apr 1972 24 Apr 1972 R. 2
No. 107 6 July 1972 6 July 1972 Rr. 3 (2) and<8
No. 150 7 Sept 1972 11 Sept 1972 (see r. 1
and Gazette 1972, No.
84, p. 2) -
No. 161 5 Oct 1972 5 Oct 1972 -
1973 No. 225 22 Nov 1973 R. 1: 2 Apr 1973
R. 2: 22 Nov 1973 -
1974 No. 171 25 Sept 1974 1 Oct 1974 -
No. 185 15 Oct 1974 15 Oct 1974 -
No. 233 6 Dec 1974 R. 1: 13 Nov 1973
Remainder: 6 Dec 1974 -
No. 248 23 Dec 1974 23 Dec 1974 -
1976 No. 187 30 Aug 1976 30 Aug 1976 R. 4
1977 No. 33 21 Mar 1977 21 Mar 1977 -
1980 No. 119 30 May 1980 30 May 1980 -
No. 189 30 June 1980 30 June 1980 -
No. 190 30 June 1980 30 June 1980 -
No. 363 12 Dec 1980 30 Dec 1980 -
1981 No. 119 4 June 1981 4 June 1981 R. 5
No. 200 21 July 1981 21 July 1981 -
No. 201 21 July 1981 21 July 1981 -
1982 No. 105 14 May 1982 14 May 1982 -
No. 108 20 May 1982 20 May 1982 -
1983 No. 94 1 July 1983 1 July 1983 -
No. 104 22 July 1983 22 July 1983 -
No. 217 14 Oct 1983 14 Oct 1983 -
1984 No. 20 24 Feb 1984 24 Feb 1984 -
No. 21 24 Feb 1984 R. 1: 27 Feb 1984
Remainder: 24 Feb 1984 -
No. 22 24 Feb 1984 24 Feb 1984 -
No. 79 10 May 1984 10 May 1984 -
No. 101 1 June 1984 1 June 1984 -
No. 147 11 July 1984 11 July 1984 -
No. 224 31 Aug 1984 1 Sept 1984 -
No. 315 2 Nov 1984 2 Nov 1984 -
No. 464 21 Dec 1984 21 Dec 1984 -
No. 465 21 Dec 1984 1 Jan 1985 -
1985 No. 19 28 Feb 1985 1 Mar 1985 -
No. 285 31 Oct 1985 31 Oct 1985 -
1986 No. 93 16 May 1986 16 May 1986 -
No. 154 30 June 1986 30 June 1986 -
------------------------------------------------------------------------------ -
(a) Statutory Rules 1958 No. 7 were made under the Conciliation and Arbitration Act 1904 and the Stevedoring Industry Act 1956. (b) Statutory Rules 1961 No. 123 were made under the Conciliation and Arbitration Act 1904 and the Stevedoring Industry Act 1956. (c) Statutory Rules 1963 No. 14 were made under the Conciliation and Arbitration Act 1904 and the Navigation Act 1912. (d) Statutory Rules 1970 No. 1 were disallowed by the Senate. (See Note 2.)
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
-----------------------------------------------------------------------------
Provision affected How affected
----------------------------------------------------------------------------- R. 3 ............... am. 1958 Nos. 7 and 53; 1961 No. 123; 1963 No. 14; 1967
Nos. 35 and 136; Act No. 53, 1970; 1971 No. 113; 1972
Nos. 6 and 107; 1974 No. 171
rep. 1976 No. 187
R. 14 .............. am. 1958 No. 7
R. 20 .............. am. 1957 No. 78
R. 25 .............. am. 1983 No. 217
Rr. 27, 28 ......... am. 1983 No. 217
R. 30A ............. ad. 1981 No. 200
R. 31 .............. am. 1984 No. 21
R. 33 .............. am. 1984 No. 101
R. 36 .............. am. 1984 No. 101
R. 36A ............. ad. 1984 No. 22
R. 36AA ............ ad. 1984 No. 101
R. 36B ............. ad. 1984 No. 22
am. 1984 No. 101
R. 36C ............. ad. 1984 No. 22
R. 38 .............. am. 1958 No. 7
R. 39 .............. am. 1958 No. 53
Rr. 39A-39C ........ ad. 1958 No. 53
R. 40 .............. am. 1958 No. 7
Rr. 40A, 40B ....... ad. 1958 No. 7
Rr. 40C, 40D ....... ad. 1961 No. 123
R. 41A ............. ad. 1967 No. 35
rep. 1970 No. 162
R. 42 .............. am. 1984 No. 101
Div. 1 of Part III
(rr. 43-47, 47A,
48-54, 54A, 55-67) rep. 1981 No. 119
Rr. 43-47 .......... rep. 1981 No. 119
R. 47A ............. ad. 1957 No. 78
am. 1958 No. 53
rep. 1981 No. 119
Rr. 48, 49 ......... rep. 1981 No. 119
R. 50 .............. am. 1974 No. 185
rep. 1981 No. 119
Rr. 51-54 .......... rep. 1981 No. 119
R. 54A ............. ad. 1957 No. 78
rep. 1981 No. 119
Rr. 55-67 .......... rep. 1981 No. 119
Div. 2 of Part III
(rr. 67A, 68-76) rep. 1981 No. 119
R. 67A ............. ad. 1957 No. 78
am. 1958 No. 53
rep. 1981 No. 119
Rr. 68, 69 ......... rep. 1981 No. 119
R. 70 .............. am. 1958 No. 53; 1967 No. 35; 1970 No. 162
rep. 1981 No. 119
R. 71 .............. am. 1958 No. 53
rep. 1981 No. 119
R. 72 .............. rep. 1958 No. 53
Rr. 73, 74 ......... rep. 1981 No. 119
R. 75 .............. rep. 1958 No. 7
R. 76 .............. rep. 1981 No. 119
Heading to Div. 3 of
Part III rs. 1958 No. 7
Div. 3 of Part III (r.
77) rep. 1958 No. 53
ad. 1961 No. 123
rep. 1981 No. 119
R. 77 .............. rep. 1958 No. 53
ad. 1961 No. 123
rep. 1981 No. 119
R. 78 .............. rep. 1958 No. 7
Div. 3A of Part III
(rr. 78, 78A-78H) ad. 1963 No. 14
rep. 1981 No. 119
R. 78 .............. ad. 1963 No. 14
rep. 1981 No. 119
Rr. 78A-78H ........ ad. 1963 No. 14
rep. 1981 No. 119
Div. 3B of Part III
(rr. 78J- 78P) ad. 1967 No. 136
Div. 3B of Part III
(rr. 78J- 78N, 78NA,
78P) rep. 1972 No. 6
Div. 3B of Part III
(rr. 78J- 78P, 78PA) ad. 1972 No. 6
rep. 1974 No. 171
Div. 3B of Part III
(rr. 78J- 78P) ad. 1974 No. 171
rep. 1981 No. 119
R. 78J ............. ad. 1967 No. 136
rs. 1972 No. 6; 1974 No. 171
rep. 1981 No. 119
R. 78K ............. ad. 1967 No. 136
rs. 1972 No. 6; 1974 No. 171
am. 1974 No. 248
rep. 1981 No. 119
Rr. 78L, 78M ....... ad. 1967 No. 136
rs. 1972 No. 6; 1974 No. 171
rep. 1981 No. 119
R. 78N ............. ad. 1967 No. 136
am. 1971 No. 95
rs. 1972 No. 6; 1974 No. 171
rep. 1981 No. 119
R. 78NA ............ ad. 1971 No. 95
rep. 1972 No. 6
R. 78P ............. ad. 1967 No. 136
rs. 1972 No. 6; 1974 No. 171
rep. 1981 No. 119
R. 78PA ............ ad. 1972 No. 6
rep. 1974 No. 171
Div. 3C of Part III
(rr. 78Q-78Z,
78ZA-78ZE) ad. 1971 No. 113
rep. 1981 No. 119
Rr. 78Q-78Z ........ ad. 1971 No. 113
rep. 1981 No. 119
Rr. 78ZA-78ZE ...... ad. 1971 No. 113
rep. 1981 No. 119
Div. 4 of Part III
(rr. 79-95) rep. 1981 No. 119
Rr. 79-95 .......... rep. 1981 No. 119
Div. 5 of Part III
(rr. 96, 96B, 97, 98,
98A) rep. 1981 No. 119
R. 96 .............. rep. 1981 No. 119
R. 96A ............. ad. 1967 No. 35
rep. 1970 No. 162
R. 96B ............. ad. 1967 No. 35
am. 1970 No. 162
rep. 1981 No. 119
R. 97 .............. am. 1958 No. 53
rep. 1981 No. 119
R. 98 .............. rs. 1970 No. 162
rep. 1981 No. 119
R. 98A ............. ad. 1967 No. 35
rep. 1981 No. 119
R. 99 .............. rs. 1967 No. 35
am. 1970 No. 162
R. 99A ............. ad. 1967 No. 35
R. 100 ............. rs. 1967 No. 35
R. 100A ............ ad. 1967 No. 35
Rr. 102, 103 ....... am. 1967 No. 35
Rr. 105A, 105B ..... ad. 1967 No. 35
R. 106 ............. am. 1967 No. 35
Part IVA (rr.
114A-114D) ad. Act No. 53, 1970
Rr. 114A-114D ...... ad. Act No. 53, 1970
R. 115 ............. am. 1958 No. 53; 1972 No. 107
R. 119 ............. am. 1960 No. 86; 1982 No. 105
R. 120 ............. rs. 1957 No. 78
R. 124A ............ ad. 1958 No. 53
R. 127 ............. am. 1982 No. 105
R. 130 ............. am. 1980 No. 363
R. 131 ............. am. 1970 No. 162
R. 132 ............. rep. 1980 No. 363
R. 133 ............. am. 1980 No. 363
Rr. 136A-136E ...... ad. 1977 No. 33
R. 138 ............. rs. 1972 No. 51
rep. 1972 No. 107
ad. 1981 No. 201
Rr. 138A-138C ...... ad. 1959 No. 19
Rr. 138D, 138E ..... ad. 1959 No. 19
am. 1972 No. 107
R. 138F ............ ad. 1959 No. 19
am. 1961 No. 123; 1970 No. 162
rep. 1980 No. 363
R. 139 ............. am. 1959 No. 19; 1972 No. 107; 1976 No. 187; 1984 No. 20
R. 140 ............. am. 1970 No. 162; 1984 No. 20
R. 143 ............. am. 1957 No. 78
R. 144 ............. am. 1957 No. 78; 1980 No. 363
R. 145 ............. am. 1980 No. 363
R. 146 ............. am. 1970 No. 162
Part VAA (rr.
146AA-146AT) ad. 1976 No. 187
Rr. 146AA-146AG .... ad. 1976 No. 187
Rr. 146AH .......... ad. 1976 No. 187
am. 1977 No. 33
R. 146AJ ........... ad. 1976 No. 187
am. 1977 No. 33; 1982 No. 108
Rr. 146AK-146AR .... ad. 1976 No. 187
R. 146AS ........... ad. 1976 No. 187
am. 1977 No. 33
R. 146AT ........... ad. 1976 No. 187
Part VA (rr.
146A-146M). ad. 1972 No. 107
R. 146A ............ ad. 1972 No. 107
am. 1983 No. 94; 1984 No. 315
Rr. 146B, 146C ...... ad. 1972 No. 107
am. 1983 No. 94
Rr. 146CA, 146CB ... ad. 1983 No. 94
Rr. 146D, 146E ..... ad. 1972 No. 107
am. 1983 No. 94
Rr. 146F-146L ...... ad. 1972 No. 107
R. 146M ............ ad. 1972 No. 107
rs. 1983 No. 94
Rr. 146N-146R ...... ad. 1984 No. 315
R. 146S ............ ad. 1984 No. 315
rs. 1986 No. 93
R. 146T ............ ad. 1984 No. 315
R. 146U ............ ad. 1984 No. 315
am. 1986 No. 93
R. 146V ............ ad. 1984 No. 315
R. 146W ............ ad. 1984 No. 315
am. 1986 No. 93
Rr. 146X-146Z ...... ad. 1984 No. 315
Rr. 146ZA-146ZF .... ad. 1984 No. 315
Part VI (rr. 147-153)
.................... rep. 1980 No. 189
Part VI (rr. 147-153,
153A,
153B) ad. 1980 No. 190
R. 147 ............. rep. 1980 No. 189
ad. 1980 No. 190
R. 148 ............. rep. 1980 No. 189
ad. 1980 No. 190
am. 1984 No. 464
R. 149 ............. rep. 1980 No. 189
ad. 1980 No. 190
R. 149A ............ ad. 1986 No. 154
Rr. 150, 151 ....... rep. 1980 No. 189
ad. 1980 No. 190
R. 152 ............. rep. 1980 No. 189
ad. 1980 No. 190
am. 1986 No. 154
R. 152A ............ ad. 1959 No. 19
rep. 1960 No. 86
R. 153 ............. rep. 1980 No. 189
ad. 1980 No. 190
am. 1984 No. 20
Rr. 153A, 153B ..... ad. 1980 No. 190
R. 153C ............ ad. 1984 No. 464
R. 156 ............. am. 1967 No. 35
R. 158 ............. am. 1957 No. 78; 1958 No. 53
Rr. 159, 160 ....... am. 1957 No. 78
Rr. 160A, 160B ..... ad. 1967 No. 35
R. 162A ............ ad. 1960 No. 86
am. 1980 No. 189; 1983 No. 94
R. 164 ............. am. 1967 No. 136; 1972 No. 6; 1974 No. 171
R. 164A ............ ad. 1972 No. 150
rs. 1980 No. 119
R. 164AAA .......... ad. 1984 No. 79
am. 1984 Nos. 147 and 465
rs. 1985 No. 19
am. 1985 No. 285
R. 164AAB .......... ad. 1984 No. 79
am. 1984 No. 147
rs. 1984 No. 465; 1985 No. 19
am. 1985 No. 285
Rr. 164AAC, 164AAD . ad. 1984 No. 101
R. 164AADA ......... ad. 1984 No. 224
R. 164AAE .......... ad. 1984 No. 101
R. 164B ............ ad. 1980 No. 119
R. 165A ............ ad. 1972 No. 161
am. 1973 No. 225
Rr. 166, 167 ....... rs. 1967 No. 35
am. 1970 No. 162
R. 168 ............. rep. 1967 No. 35
R. 169 ............. am. 1967 No. 35
R. 170 ............. am. 1970 No. 162
R. 172 ............. ad. 1974 No. 233
Heading to The
Schedules .......... rep. 1984 No. 22
Heading to First
Schedule ........... rep. 1984 No. 22
Heading to Schedule 1
.................... ad. 1984 No. 22 First Schedule ..... am. 1957 No. 78; 1958 Nos. 7 and 53; 1961 No. 123; 1963
No. 14; 1967 Nos. 35 and 136; 1970 No. 162; 1971 No. 95;
1972 No. 6; 1974 No. 171; 1981 Nos. 119 and 201
Schedule 1 ......... am. 1984 Nos. 22, 101 and 315; 1986 No. 93
Second Schedule .... rs. 1958 No. 53; 1970 No. 162
rep. 1981 No. 119
Heading to Third
Schedule ........... rep. 1984 No. 22
Heading to Schedule 3
.................... ad. 1984 No. 22
Third Schedule ..... am. 1967 No. 35
rs. 1970 No. 162
am. 1974 No. 185; 1981 No. 119
---------------------------------------------------------------------------
CONCILIATION AND ARBITRATION REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Repeal
4. Interpretation
5. Forms
PART II-PROCEDURE OF THE COMMONWEALTH CONCILIATION AND ARBITRATION
COMMISSION
Division 1-General
6. Seal of the Commission
7. Stamp of the Commission
8. Award or order to be signed
9. Award or order to be kept by Registrar
10. Service to be effected by parties
11. Directions as to service
12. Withdrawal of proceeding
13. Exhibits
14. Affidavits and affirmations
15. Registrar to deal with process
Division 2-Procedure in Particular Matters
16. Notification under section 28
17. Record of findings under section 28
18. Application under section 29
19. Notice to parties of hearing of dispute
20. Procedure on date fixed for hearing
21. Summons to witness
22. Application for certificate under section 31
23. Opinion under section 33 (3) to be recorded
24. References under sections 33 (4) and 34
25. Hearing by the Commission constituted otherwise than by a single
Commissioner
26. Documents for use of Commission
27. Institution of appeal
28. Date and place of hearing
29. Additional copies of documents may be required
30. Application under section 35 (5)
30A. Application under sub-section 45 (3A)
31. Application for variation or setting aside of award
32. Provisions implementing section 61
33. Application for common rule
34. Service and publication
35. Notice of objections, &c., to application for common rule
36. Publication of common rule
36A. Notice for purposes of sub-section 49A (2) of the Act
36AA. Notice for purposes of sub-section 49A (2) of Act-common rule relating
to public service
36B. Publication of notice for purposes of sub-section 49A (3) of Act
36C. Notice for purposes of sub-section 49A (5) of the Act
37. Certain applications under section 41 (d)
38. Application for suspension or cancellation of award
39. Settlement of awards and orders
39A. References by Registrar
39B. Appeals from Registrar
39C. Costs of references by, and appeals from, the Registrar
40. Applications under section 45B of the Navigation Act 1912
40A. Applications under section 35 of the Stevedoring Industry Act 1956
40B. Appeals under section 37 of the Stevedoring Industry Act 1956
40C. Applications under section 52A of the Stevedoring Industry Act 1956
40D. General procedure in applications to the Commission
41. Application of this Part to proceedings under other Acts
42. Application of Part to proceedings under Divisions 1A, 2, 3 and 4 of
Part III of Act
PART III-PROCEDURE OF THE COMMONWEALTH INDUSTRIAL COURT
Division 6-Execution and Attachment
99. Interpretation
99A. Methods of enforcement
100. Writs of execution-general form
100A. Writs of execution-contempt cases
101. Filing of writ of execution
102. Renewal of writ of execution
103. Endorsement of writ of execution
104. To whom writ of execution directed
105. Writ of sequestration
105A. Discovery in aid of execution
105B. Order for attachment of debts
106. Writ of attachment
107. Issue of writ of attachment
PART IV-PROCEDURE OF THE COMMONWEALTH COURT OF CONCILIATION AND
ARBITRATION
108. Seal and Stamp of the Court
109. General application of Part III of these Regulations
110. Interpretation
111. Application for special leave to appeal under Re-establishment and
Employment Act
112. Hearing of application
113. Hearing of the appeal
114. Powers of Court
PART IVA-THE FLIGHT CREW OFFICERS INDUSTRIAL TRIBUNAL
114A. Interpretation
114B. Remuneration payable to the person constituting the Tribunal
114C. Remuneration payable to person appointed to perform the functions
of the Tribunal
114D. Travelling allowance
PART V-ORGANIZATIONS
115. Conditions of registration
116. Application for registration
117. Order in which applications dealt with
118. Advertisement of application
119. Objection to registration
120. Evidence in support of objection
121. Evidence in reply
122. Notification of hearing
123. Hearing
124. Right of applicants to be heard
124A. Applications under section 134
125. Certificate of registration
126. Advice of registration
127. Applications for consent of Registrar
128. Filing of rules and alterations thereof
129. Registered office
130. List of branches to be kept and filed by organization
131. Changes in officers to be notified
133. Time for filing lists
134. Statutory declaration required by section 152
135. Filing of documents
136. Copies of returns
136A. Definition of ''office'' in regulations 136B, 136C and 136E
136B. Returns of information concerning certain elections occurring
after 1 July 1977
136C. Returns of information concerning elections occurring after
1 January 1978
136D. Manner of execution of return under regulation 136B or 136C
136E. Publication of information concerning elections
137. Appeal to Registrar
138. Application under section 159
138A. Manner of cancellation of registration
138B. Cancellation of registration where membership insufficient
138C. Cancellation of registration of defunct organizations
138D. Requests by organizations for cancellation of registration
138E. Procedure in requests for cancellation of registration
139. Request for conduct of elections under section 170 of the Act
140. Where election officially conducted no unauthorised action to be
taken
141. General powers of Registrar
142. Recovery of costs
143. Service by post
144. Lodging of documents with the Registrar
145. Inspection of documents
146. Offences
PART VAA-SECRET POSTAL BALLOT
146AA. Interpretation
146AB. Application of rules of organization to an election
146AC. Period and place for lodging nominations
146AD. Calling for nominations
146AE. Nominations
146AF. Election without voting
146AG. Roll of voters
146AH. Post box for ballot papers
146AJ. Issue of ballot papers
146AK. Duplicate ballot papers and return envelopes
146AL. Compulsory voting
146AM. Custody of envelopes containing ballot papers
146AN. Opening of parcels-voting not compulsory
146AO. Opening of parcels-voting compulsory
146AP. Scrutiny
146AQ. Scrutineers
146AR. Declaration of result of election
146AS. Prevention of irregularities
146AT. Application for exemption from section 133AA
PART VA-AMALGAMATION OF ORGANIZATIONS
146A. Interpretation
146B. Schemes submitted under section 158F
146C. Applications under section 158F
146CA. Applications under section 158FA
146CB. Declaration that amalgamation is in public interest to be
published
146D. Notice of application for amalgamation
146E. Objections to amalgamations
146F. Evidence in support of objection
146G. Service of notice of objection
146H. Evidence in reply
146J. Notice of hearing
146K. Hearing of objections
146L. Hearing of evidence
146M. Service of documents
146N. Roll of voters-Preparation
146P. Roll of voters-Inspection, &c.
146Q. Form and publication of notice of ballot
146R. Secrecy of ballot
146S. Ballot papers-Form
146T. Ballot papers-Dispatch
146U. Manner of voting
146V. Custody of envelopes containing ballot papers
146W. Scrutiny
146X. Scrutineers
146Y. Furnishing of particulars of the ballot
146Z. Preservation of ballot papers, &c.
146ZA. Inquiry into ballot irregularity-Application
146ZB. Inquiry into ballot irregularity-Directions as to hearing
146ZC. Inquiry into ballot irregularity-Inspection of ballot papers,
&c.
146ZD. Inquiry into ballot irregularity-Procedure at hearing
146ZE. Inquiry into ballot irregularity-Interim orders
146ZF. Offences
PART VI-ACCOUNTS AND AUDIT IN RESPECT OF ORGANIZATIONS
147. Interpretation
148. Application of Part with respect to organizations divided into
branches
149. Accounts prescribed for purposes of section 158AD of the Act
149A. Accounts prescribed for purposes of section 158AN of the Act
150. Information to be provided to members, &c., under sub-section
158ADA (1) of the Act
151. Evidence of membership of organization to be supplied
152. Certificates to be given in accounts
153. Persons competent to be auditors
153A. Prescribed period for purposes of sub-section 158AF (1) of the Act
153B. Prescribed officer for purposes of sub-section 158AH (1) of the Act
153C. Prescribed officer for purposes of sub-sections 158AHA (2) and (3)
of the Act
PART VII-MISCELLANEOUS
154. Interpretation
155. Power to waive procedural requirements, and effect of
non-compliance
156. Signing of documents, &c., on behalf of persons, organizations,
&c.
157. Indorsement of documents
158. Service upon persons
159. Service upon corporations
160. Service upon organizations
160A. When service effected if document posted
160B. Evidence of when letter delivered in ordinary course of post
161. Office hours
162. Inspection of industrial agreements
162A. Payment of unclaimed monies to Commonwealth
163. Applications under section 47 (3)
164. Fees
164A. Prescribed Act for the purposes of section 4A
164AAA. Prescribed State Industrial Authorities for purposes of
paragraph 22AA (2) (a) of the Act
164AAB. Prescribed State laws for purposes of section 44C of the Act
164AAC. Bodies to which definition of ''Commonwealth authority'' in
sub-section 70A (1) of the Act does not apply
164AAD. Prescribed Territory laws for purposes of paragraph (e) of
definition of ''employee'' in sub-section 70A (1) of the Act
164AADA. Prescribed person or persons for the purposes of paragraph (c) of
the definition of ''employing authority'' in sub-section 70A (1)
of the Act
164AAE. Bodies to which definition of ''Northern Territory authority'' in
sub-section 70A (1) of Act does not apply
164AA. Prescribed authority for purposes of sub-section 132F (5)
164B. Prescribed amount for the purposes of section 188A
165. Use of previous evidence
165A. Travelling allowance for Commissioners
166. Remuneration and allowances of members of Boards of Reference and
Local Industrial Boards
167. Allowances to persons summoned to compulsory conferences
169. Industrial Registrar to certify payments
170. Offences in connection with secret ballots
171. Action under repealed Regulations deemed to be action under these
Regulations
172. Travelling expenses-Judges
SCHEDULE 1
Forms
SCHEDULE 3
Fees payable at Registrar's office
CONCILIATION AND ARBITRATION REGULATIONS - PART I
PART I-PRELIMINARY
CONCILIATION AND ARBITRATION REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Conciliation and Arbitration Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
CONCILIATION AND ARBITRATION REGULATIONS - REG 2
Repeal
2. The Conciliation and Arbitration Regulations (comprising Statutory Rules 1947, No. 142; 1948, Nos. 117, 143 and 146; 1949, Nos. 20, 28 and 49; 1951, Nos. 64, 100, 118 and 155; 1952, Nos. 12, 39, 55 and 71; 1953, No. 45; and 1954, Nos. 2, 6, 17, 37 and 107) are repealed.
CONCILIATION AND ARBITRATION REGULATIONS - REG 4
Interpretation
4. In these Regulations, unless the contrary intention appears-
"Commissioner" includes, in relation to an industrial dispute, a presidential member of the Commission dealing with the dispute;
"Commissioner for Affidavits" means a person authorized under the law of the Commonwealth or of a State or Territory of the Commonwealth to take affidavits or declarations;
"Judge" means the Court constituted by a single Judge;
"Justice of the Peace" means a Justice of the Peace of a State or part of a State or of a Territory of the Commonwealth;
"the Act" means the Conciliation and Arbitration Act 1904-1956;
"the Registrar" means the Industrial Registrar, and includes a Deputy Industrial Registrar and, for the purposes of Part V of these Regulations, means, in relation to an organization or branch of an organization-
(a) where the organization is registered at the Principal Registry-the
Industrial Registrar or a Deputy Industrial Registrar stationed at the Principal Registry; or
(b) in any other case-the Industrial Registrar or the Deputy Industrial
Registrar in charge of the Registry at which the organization is registered.
CONCILIATION AND ARBITRATION REGULATIONS - REG 5
Forms
5. (1) Any reference in these Regulations to a form shall be read as a reference to a form in the First Schedule to these Regulations.
(2) Strict compliance with any form shall not be necessary and substantial compliance shall be sufficient.
CONCILIATION AND ARBITRATION REGULATIONS - PART II
PART II-PROCEDURE OF THE COMMONWEALTH CONCILIATION AND ARBITRATION
COMMISSION
CONCILIATION AND ARBITRATION REGULATIONS - DIVISION 1
Division 1-General
CONCILIATION AND ARBITRATION REGULATIONS - REG 6
Seal of the Commission
6. (1) At each Registry, there shall be a seal bearing the Royal Arms with the words "The Seal of the Commonwealth Conciliation and Arbitration Commission" and the name of the Registry, and any of those seals may be used as the Seal of the Commission. (2) The Seal at each Registry shall be in the custody of the Registrar in charge of that Registry and shall be affixed by him or with his authority to all awards and orders of the Commission and to such other documents as the Commission directs.
CONCILIATION AND ARBITRATION REGULATIONS - REG 7
Stamp of the Commission
7. (1) At each Registry, there shall be a stamp bearing the words "The Stamp of the Commonwealth Conciliation and Arbitration Commission" and the name of the Registry. (2) The Stamp at each Registry shall be in the custody of the Registrar in charge of that Registry and shall be affixed by him to all documents issued by him in relation to proceedings before the Commission.
CONCILIATION AND ARBITRATION REGULATIONS - REG 8
Award or order to be signed
8. (1) Every determination, decision or finding made by the Commission in or for the purpose of the prevention or settlement of an industrial dispute shall be forthwith reduced to writing and embodied in an award or order, and that award or order shall bear the date of its making and shall be signed by the member, or one of the members, who constituted the Commission for the purpose of the making of the determination, decision or finding. (2) If a member of the Commission dies or ceases to be a member after a determination, decision or finding has been made by the Commission constituted by him and the award or order has not been reduced to writing or has not been signed by him, an award or order, recording the determination, decision or finding so made, signed by the Registrar, and sealed with the Seal of the Commission, shall have effect as if the award or order had been signed by that member of the Commission.
CONCILIATION AND ARBITRATION REGULATIONS - REG 9
Award or order to be kept by Registrar
9. The original of every award or order made by the Commission shall be kept by the Registrar with the documents relating to the proceeding in which the award or order was made.
CONCILIATION AND ARBITRATION REGULATIONS - REG 10
Service to be effected by parties
10. Except as otherwise prescribed, or unless the Commission otherwise directs, parties shall serve all documents.
CONCILIATION AND ARBITRATION REGULATIONS - REG 11
Directions as to service
11. (1) Where provision is made for personal or other service of any document in proceedings before the Commission, the Commission or a member of the Commission may, subject to the Act, make such order for substituted or other service, or for the substitution, for the service otherwise required, of notice by letter, telegram, public advertisement or otherwise, as it or he thinks just. (2) Where the Commission or a member of the Commission orders that notice by telegram or public advertisement be substituted for the service otherwise required, the notice shall contain such particulars as the Commission or a member of the Commission directs.
CONCILIATION AND ARBITRATION REGULATIONS - REG 12
Withdrawal of proceeding
12. A proceeding before the Commission may, with the leave of the Commission, be withdrawn by the party who initiated the proceeding.
CONCILIATION AND ARBITRATION REGULATIONS - REG 13
Exhibits
13. A person shall not take away, without the permission of the Commission or a member of the Commission, any exhibit lodged in connexion with a proceeding before the Commission.
CONCILIATION AND ARBITRATION REGULATIONS - REG 14
Affidavits and affirmations
14. (1) An affidavit or affirmation for use in proceedings before the Commission-
(a) shall be on foolscap paper;
(b) shall be written, typewritten or printed on one side of the paper only;
(c) shall be signed on each page by the deponent and the person before whom it is made; and
(d) if made in the Commonwealth, shall be made before a Justice of the Peace or a Commissioner for Affidavits.(2) A copy of an affidavit or affirmation filed in support of a document which is to be served on another party shall be served with that document.
CONCILIATION AND ARBITRATION REGULATIONS - REG 15
Registrar to deal with process
15. The Registrar shall either personally, or by such officer as he directs acting in his name and on his behalf-
(a) where necessary, submit to the Commission all documents filed or lodged with him under this Part;
(b) issue all notices and summonses; and
(c) keep a record of the proceedings of the Commission.
CONCILIATION AND ARBITRATION REGULATIONS - DIVISION 2
Division 2-Procedure in Particular Matters
CONCILIATION AND ARBITRATION REGULATIONS - REG 16
Notification under section 28
16. (1) A notification to a Commissioner or to the Registrar under section 28 of the Act may be given orally, by telegraph or in writing, and no particular form need be used, but the person giving the notification shall state therein the parties to the industrial dispute and the industrial matter the subject of the dispute. (2) Where an oral notification is given, the person giving the notification shall confirm the notification in writing as soon as may be practicable.
(3) A notification may be in accordance with Form 1.
(4) Where a notification is given under section 28 of the Act, the person to whom it is given shall forthwith bring it to the notice of-
(a) the Senior Commissioner;
(b) the Registrar; or
(c) such other Commissioner as is appropriate.(5) The Senior Commissioner shall, subject to any directions of the President, inform the President of notifications given under section 28 of the Act.
CONCILIATION AND ARBITRATION REGULATIONS - REG 17
Record of findings under section 28
17. (1) Where a Commissioner has ascertained, in pursuance of sub-section (1) of section 28 of the Act, the parties to an industrial dispute and the matters which form the subject of the dispute, he shall make and sign a record of the matters so ascertained, and the Registrar shall keep that record with the documents relating to the dispute. (2) Where, after a Commissioner has made any record under this regulation, he is of opinion that that record should be varied by the addition of further parties or otherwise, he shall make and sign a varied record accordingly.
(3) The record or varied record, or a copy thereof certified by the Registrar to be a true copy, shall be evidence of the facts set out therein as ascertained by the Commissioner.
CONCILIATION AND ARBITRATION REGULATIONS - REG 18
Application under section 29
18. (1) An application under sub-section (1) of section 29 of the Act may be in accordance with Form 2 and shall specify the parties to the industrial dispute and the industrial matter the subject of the dispute. (2) Such an application may be made by filing the application with the Registrar, who shall forthwith bring the matter under the notice of the Senior Commissioner and such other Commissioner as is appropriate.
CONCILIATION AND ARBITRATION REGULATIONS - REG 19
Notice to parties of hearing of dispute
19. (1) Subject to regulation 25 of these Regulations, where a dispute is not settled by conciliation, the Commissioner may, of his own motion or on the application of a party, fix a time and place for hearing the parties to the dispute, and persons alleged to be parties, with a view to settlement of the dispute by arbitration.
(2) Thereupon the Registrar shall, either at the direction of the Commissioner or on the application of a party, issue a notice in accordance with Form 3 to any person appearing to be, or alleged to be, a party to the dispute.(3) A notice under the last preceding sub-regulation shall be served-
(a) if it is issued on the application of a party-by that party; or
(b) if it is issued at the direction of the Commissioner-by the Registrar or a person thereunto authorized by the Registrar.
CONCILIATION AND ARBITRATION REGULATIONS - REG 20
Procedure on date fixed for hearing
20. (1) On the date fixed for the hearing, the Commissioner-
(a) shall, after hearing all persons who attend before him as parties, or alleged parties, to the dispute as to the matters mentioned in sub-regulation (1) of regulation 17 of these Regulations, review his previous conclusions as to those matters and make any necessary alterations to the record of his previous conclusions, or, if he has not previously done so, ascertain and record his conclusions on those matters as provided in that regulation;
(b) may determine whether the whole or any part of the evidence or argument is to be presented in writing;
(c) may, after giving to the parties appearing before him an opportunity of presenting their views as to the periods which are reasonably necessary for the fair and adequate presentation of the cases of the parties, determine the periods which are so necessary and inform the parties of their obligation to present their cases within the periods respectively determined; and
(d) shall proceed to hear the parties and settle the dispute by arbitration.
(2) If it appears to the Commissioner that any person who has not been notified under the last preceding regulation is or may be a party to the dispute, he may adjourn the proceedings for the purpose of enabling a notification in a similar form to be given to that person, requiring that person to appear at the time and place to which the proceedings are adjourned, and shall not make an award or order expressed to bind any such person unless that person-
(a) has been so notified and has had an opportunity of being heard in relation to the dispute; or
(b) is a party to the dispute and has appeared or has been represented on the hearing of the dispute.
CONCILIATION AND ARBITRATION REGULATIONS - REG 21
Summons to witness
21. (1) A summons to a witness may be in accordance with Form 4 or a form approved by the Commission, a member of the Commission or the Registrar. (2) Service shall be effected by serving on the witness a copy of the summons signed by a member of the Commission or by the Registrar.
(3) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.
CONCILIATION AND ARBITRATION REGULATIONS - REG 22
Application for certificate under section 31
22. (1) An application to the Commission to certify, under section 31 of the Act, a memorandum of the terms of an agreement between the parties to an industrial dispute shall be made by lodging with the Registrar an application in accordance with Form 5 and a signed copy of the memorandum. (2) The decision of the Commission on the application shall be reduced to writing, signed by the member, or one of the members, who constituted the Commission for the purpose of the making of the decision and kept by the Registrar with the documents relating to the proceeding.
CONCILIATION AND ARBITRATION REGULATIONS - REG 23
Opinion under section 33 (3) to be recorded
23. An opinion of the Commission in Presidential Session under sub-section (3) of section 33 of the Act shall be recorded in writing and signed by a member of the Commission and shall be kept by the Registrar with the documents relating to the proceeding.
CONCILIATION AND ARBITRATION REGULATIONS - REG 24
References under sections 33 (4) and 34
24. (1) A reference under sub-section (4) of section 33 of the Act for the opinion of the President shall state the question referred to the President, shall be in writing signed by the Commissioner, 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 Commissioner in relation to the matter which may be relevant to the question; and
(c) a short statement of the contentions of the parties on the question, and shall be accompanied by a copy of the notes (if any) of the evidence and argument before the Commissioner relevant to the question.
(2) An opinion of the President on such a reference shall be recorded in writing and signed by the President and shall be kept, together with the reference, by the Registrar with the documents relating to the proceeding.(3) The decision of the President on a consultation under section 34 of the Act shall be reduced to writing, signed by the President and kept by the Registrar with the documents relating to the proceedings.
CONCILIATION AND ARBITRATION REGULATIONS - REG 25
Hearing by the Commission constituted otherwise than by a single Commissioner
25. (1) Where an industrial dispute is to be heard and determined-
(a) by the Commission in Presidential Session; or
(b) by the Commission constituted as provided by section 34 of the Act,
the President may, on his own motion or on the application of a party, fix a time and place for the hearing by the Commission of the parties to the dispute and persons alleged to be parties to the dispute.(2) Thereupon the Registrar shall, either at the direction of the President or on the application of a party, issue a notice in accordance with Form 3, directed to any person appearing to be, or alleged to be, a party to the dispute.
(3) A notice under the last preceding sub-regulation shall be served-
(a) if it is issued on the application of a party-by that party; or
(b) if it is issued at the direction of the President-by the Registrar or a person thereunto authorized by the Registrar.(4) The Registrar shall, in the case of an industrial dispute which is to be heard and determined by the Commission constituted as provided by section 34 of the Act, give notice to the Minister of the time and place fixed for the hearing.
(5) On the day fixed for the hearing, the Commission shall make such preliminary determinations and give such directions as are necessary (including determinations and directions under sub-sections (2) and (3) of section 40 of the Act) and may, if it appears necessary, adjourn the proceedings for the purpose of enabling the parties to present their cases in accordance with those directions.
CONCILIATION AND ARBITRATION REGULATIONS - REG 26
Documents for use of Commission
26. (1) Not less than five days before the date fixed for the hearing of any matter by the Commission in Presidential Session or by the Commission constituted as provided by section 34 of the Act, every party who has filed any document in the matter shall lodge in a Registry three copies, or such greater number of copies as will provide one for each of the members who will constitute the Commission, of the document. (2) A member of the Commission may, on the application of any party, exempt that party from compliance with the requirements of the last preceding sub-regulation.
(3) An application under the last preceding sub-regulation may be made ex parte.
CONCILIATION AND ARBITRATION REGULATIONS - REG 27
Institution of appeal
27. (1) An appeal under section 35 of the Act to the Commission constituted as provided by that section shall be instituted by filing with the Registrar a notice of appeal in accordance with Form 6, together with three copies of-
(a) the notice of appeal;
(b) the notice, summons or other document upon which the award, order or decision under appeal was made;
(c) the notes (if any) of the evidence and argument before the Commissioner;
(d) each document which was an exhibit before the Commissioner;
(e) the award, order, or decision appealed against; and
(f) the statement (if any) of the reasons of the 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 Commissioner or the representatives of those parties; and
(b) the Minister.(3) The President or a member of the Commission may exempt an appellant from compliance with any of the requirements of sub-regulation (1) of this regulation.
CONCILIATION AND ARBITRATION REGULATIONS - REG 28
Date and place of hearing
28. The President 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 other parties who appeared or were represented before the Commissioner or the representatives of those parties;
(c) such other persons as the President directs; and
(d) the Minister.
CONCILIATION AND ARBITRATION REGULATIONS - REG 29
Additional copies of documents may be required
29. The President may, when fixing the time and place for the hearing of an appeal, direct that additional copies of the documents referred to in sub-regulation (1) of regulation 27 of these Regulations be lodged with the Registrar and the Registrar shall, in such a case, give notice to the appellant accordingly.
CONCILIATION AND ARBITRATION REGULATIONS - REG 30
Application under section 35 (5)
30. An application for an order under sub-section (5) of section 35 of the Act may be made ex parte.
CONCILIATION AND ARBITRATION REGULATIONS - REG 30A
Application under sub-section 45 (3A)
30A. An application under sub-section 45 (3A) of the Act shall be made to the Registrar and shall contain the following information in relation to each applicant-
(a) his name and address;
(b) the name of the organization of which he is a member;
(c) the name of his employer;
(d) the address of his place of work;
(e) the direction given, or request made, by the organization or the branch of an organization of which he is a member; and
(f) the industrial action relating to which the direction was given or request made, as the case requires.
CONCILIATION AND ARBITRATION REGULATIONS - REG 31
Application for variation or setting aside of award
31. (1) For the purposes of section 59 of the Act-
(a) an application for the setting aside of an award or order or any of the terms of an award or order may be made by filing with the Registrar a notice in accordance with Form 7; and
(b) an application for variation of the terms of an award or order may be made by filing with the Registrar a notice in accordance with Form 8.(2) Forthwith upon the making of an application referred to in this regulation, the Registrar shall bring the matter under the notice of the President, the Senior Commissioner or such other Commissioner as is appropriate.
(3) When a time and place has been fixed for the hearing of the application, the Registrar shall complete the form of notice filed and furnish a copy thereof to the applicant for the purpose of service.
(4) Sub-regulation (3) does not apply in relation to the hearing of an application where the hearing is in respect of a matter in relation to which sub-section 49A (2) of the Act applies.
CONCILIATION AND ARBITRATION REGULATIONS - REG 32
Provisions implementing section 61
32. (1) The prescribed time for the purposes of paragraph (c) of section 61 of the Act is fourteen days after the service on the person concerned of the notification referred to in that paragraph or the time between the date of that service and the date of the conclusion of the hearing of the industrial dispute, whichever is the longer. (2) A notification for the purposes of paragraph (b) or (c) of section 61 of the Act may be served or given-
(a) in the manner authorized by regulation 158, 159 or 160 of these Regulations, as the case may require, for the service of documents; or
(b) in accordance with an order made by the Commission or a member of the Commission under regulation 11 of these Regulations.
CONCILIATION AND ARBITRATION REGULATIONS - REG 33
Application for common rule
33. (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.
(2) Forthwith upon the filing of any such application, the Registrar shall bring the matter under the notice of the President, the Senior Commissioner or such other Commissioner as is appropriate.
(3) After the filing of such an application, the applicant shall apply to the Commission or a member of the Commission for directions as to-
(a) the persons (if any) to whom notice, other than the Gazette notice, of the application shall be given;
(b) the times within which that notice is to be served on those persons and the form of the notice;
(c) the publications (if any), other than the Gazette, in which notice of the applications shall be published;
(d) the time, manner and form in which the notice in the Gazette and in any such other publication shall be given; and
(e) the time and place for hearing the application.(4) An application under the last preceding sub-regulation may be made ex parte.
(5) The notification to be published in the Gazette and in the other publications (if any), and (with any necessary modifications) the notice of the application directed to be served on any person, shall, subject to any directions of the Commission or a member of the Commission, be in accordance with Form 10.
CONCILIATION AND ARBITRATION REGULATIONS - REG 34
Service and publication
34. (1) The applicant shall, in accordance with the directions given under the last preceding regulation and with these Regulations, serve the notices (if any) directed to be served. (2) The Registrar shall, on behalf of the Commission, cause the notice to be published in the Gazette and the other publications (if any).
CONCILIATION AND ARBITRATION REGULATIONS - REG 35
Notice of objections, &c., to application for common rule
35. Unless the Commission otherwise directs, a person claiming to be interested in, and desiring to be heard on, an application of the nature mentioned in regulation 33 of these Regulations shall, at least three days before the day fixed for the hearing, file with the Registrar a notice in accordance with Form 11 and shall, as soon as practicable before the hearing, serve a copy of the notice upon the applicant.
CONCILIATION AND ARBITRATION REGULATIONS - REG 36
Publication of common rule
36. Where the Commission declares that any term of an award shall be a common rule, a copy of the declaration shall, when signed, be published by the Registrar in the Gazette.
CONCILIATION AND ARBITRATION REGULATIONS - REG 36A
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.
CONCILIATION AND ARBITRATION REGULATIONS - REG 36AA
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 the Gazette.(2) A notice referred to in sub-section (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.
CONCILIATION AND ARBITRATION REGULATIONS - REG 36B
Publication of notice for purposes of sub-section 49A (3) of Act
36B. A notice referred to in sub-section 49A (3) of the Act-
(a) shall be in accordance with Form 11AB;
(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.
CONCILIATION AND ARBITRATION REGULATIONS - REG 36C
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 11AC; and
(b) shall be given by being published in the Gazette.
CONCILIATION AND ARBITRATION REGULATIONS - REG 37
Certain applications under section 41 (d)
37. (1) In a proceeding before the Commission 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 Commission in relation to the dispute,
may apply to the Commission 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.(2) Where an application is made under the last preceding sub-regulation, the Commission shall hear the applicant and such parties as have an interest in the application.
(3) The decision of the Commission on the application shall be recorded in writing signed by the member, or one of the members, who constituted the Commission for the purpose of making the decision and shall be kept by the Registrar with the documents relating to the proceeding.
CONCILIATION AND ARBITRATION REGULATIONS - REG 38
Application for suspension or cancellation of award
38. An application under section 62 of the Act shall be supported by an affidavit or affirmation setting out the grounds on which the suspension or cancellation is sought.
CONCILIATION AND ARBITRATION REGULATIONS - REG 39
Settlement of awards and orders
39. (1) The Registrar shall, if the Commission constituted by more than one member so directs, settle the minutes of an award or order of the Commission as so constituted. (2) Where the Commission as so constituted directs that the minutes of an award or order be settled by the Registrar, the party who was the applicant or the party directed by the Commission shall, within fourteen days after the decision of the Commission was given, or within such further time as the Registrar allows, lodge the minutes of the award or order with the Registrar.
(3) The Registrar shall, within fourteen 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.
(5) If the party who is required so to do fails to lodge minutes of the award or order within the time prescribed by this regulation, the Registrar shall 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.
CONCILIATION AND ARBITRATION REGULATIONS - REG 39A
References by Registrar
39A. Where, under section 88E of the Act, the Registrar refers a matter or question to the Commission for decision, the President shall-
(a) fix a time and place for the hearing of the matter or question; and
(b) give such directions to the Registrar as he thinks proper for notifying any persons interested in the matter or question of the time and place so fixed.
CONCILIATION AND ARBITRATION REGULATIONS - REG 39B
Appeals from Registrar
39B. (1) An application under section 88F of the Act for leave to appeal to the Commission shall (subject to sub-regulation (7) of this regulation) be made within twenty-one days after the act or decision sought to be appealed against-
(a) by filing with the Registrar an application in accordance with Form 11A; and
(b) by serving a copy of the application on any other person who appeared or was represented before the Registrar or on his representative.(2) The President 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 the applicant and to any other person who appeared or was represented before the Registrar or to his representative and to any person to whom the President or the Commission directs that notice be given.
(3) The Registrar may, if the Commission thinks fit, be heard on the application for leave to appeal.
(4) If leave to appeal is granted-
(a) the Commission may proceed to hear the appeal forthwith if it is satisfied that it is just to do so; or
(b) in any other case, the Commission 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 the appellant, to all persons to whom notice of the hearing of the application for leave to appeal was given and to all persons who appeared on the hearing of the application for leave to appeal.(5) The Registrar may, if the Commission thinks fit, be heard on the hearing of the appeal.
(6) In this regulation, "the Commission" means the Commission constituted as provided in section 88F of the Act.
(7) An application for leave to appeal from an act or decision of the Registrar done or given on or after the seventeenth day of April, 1958, and before the commencement of this regulation, may be made within twenty-one days after the commencement of this regulation.
CONCILIATION AND ARBITRATION REGULATIONS - REG 39C
Costs of references by, and appeals from, the Registrar
39C. (1) The Commission may make such orders as it thinks just as to the costs and expenses (including the expenses of witnesses) of proceedings before it under section 88E or section 88F of the Act. (2) Where the Commission orders a party to pay another party the costs of any proceedings, the Commission may either fix the amount of the costs to be paid or direct the costs to be taxed by the Registrar and give directions as to the basis of the taxation.
(3) Where the Commission orders a party to pay another party the costs of any proceedings and directs the costs to be taxed by the Registrar, either party may obtain an appointment before the Registrar for the taxation of the bill of costs as between party and party and the bill shall be taxed by the Registrar.
(4) The party so obtaining the appointment shall give to each party entitled to be heard on the taxation, or to his representative, notice of the appointment as directed by the Registrar and shall, at the same time, serve a copy of the bill to be taxed on that party or representative.
(5) Where costs are to be taxed, the basis of the taxation shall, subject to any directions of the Commission, be the same as the basis on which costs of proceedings before the Court are taxed.
(6) A copy of an order by the Commission for the payment of costs may be filed in the Court and shall thereupon have effect in all respects and be enforceable as if it were an order of the Court.
(7) Where a copy of an order of the Commission which directs costs to be taxed by the Registrar is filed in the Court under the last preceding sub-regulation, it shall be accompanied by a certificate by the Registrar certifying the amount of the taxed costs and shall have effect as if the order had fixed that amount as the amount of the costs to be paid.
(8) In this regulation, "the Commission" means the Commission constituted as provided in section 88E or section 88F of the Act, as the case may be.
CONCILIATION AND ARBITRATION REGULATIONS - REG 40
Applications under section 45B of the Navigation Act 1912
40. An application under section 45B of the Navigation Act 1912-1956 shall be in accordance with Form 12 and shall be supported by an affidavit or affirmation.
CONCILIATION AND ARBITRATION REGULATIONS - REG 40A
Applications under section 35 of the Stevedoring Industry Act 1956
40A. An application under section 35 of the Stevedoring Industry Act 1956-1957-
(a) shall be in accordance with Form 12A;
(b) shall be filed with the Registrar; and
(c) shall be supported by an affidavit or affirmation.
CONCILIATION AND ARBITRATION REGULATIONS - REG 40B
Appeals under section 37 of the Stevedoring Industry Act 1956
40B. (1) A notice of appeal under section 37 of the Stevedoring Industry Act 1956-1957 shall be in accordance with Form 12B and shall be supported by an affidavit or affirmation. (2) The prescribed person for the purposes of that section is the Registrar.
(3) Unless otherwise directed by the President or a Deputy President, an appeal under that section shall be heard at the Capital City of the State, or the principal city or town of the Territory, in which the port at which the appellant was registered is situated.
CONCILIATION AND ARBITRATION REGULATIONS - REG 40C
Applications under section 52A of the Stevedoring Industry Act 1956
40C. An application under sub-section (7) of section 52A of the Stevedoring Industry Act 1956-1961-
(a) shall be in accordance with Form 12C;
(b) shall be filed with the Registrar; and
(c) shall be supported by an affidavit or affirmation.
CONCILIATION AND ARBITRATION REGULATIONS - REG 40D
General procedure in applications to the Commission
40D. An application to the Commission under any Act for which no other provision is made by these Regulations may be made by filing with the Registrar-
(a) an application setting out the name of the applicant, the nature of the matter, the nature of the order sought and the grounds on which the application is made; and
(b) an affidavit or affirmation verifying the facts set out in the application.
CONCILIATION AND ARBITRATION REGULATIONS - REG 41
Application of this Part to proceedings under other Acts
41. (1) The provisions of this Part prescribing the practice and procedure in relation to references and appeals under the Act apply, mutatis mutandis and so far as they are applicable, with respect to references and appeals to the Commission under another Act. (2) For the purposes of the application of the last preceding sub-regulation, a reference in this Division to a Commissioner shall be deemed to be a reference to the person who, under the other Act, exercises the like powers, duties and functions as a Commissioner.
CONCILIATION AND ARBITRATION REGULATIONS - REG 42
Application of Part to proceedings under Divisions 1A, 2, 3 and 4 of Part III
of Act
42. This Part extends to and in relation to proceedings under Divisions 1A, 2, 3 and 4 of Part III of the Act and in its application to those Divisions-
(a) references in this Part to industrial disputes shall be read as including references to industrial questions (other than industrial disputes); and
(b) references to a Commissioner or to the Commissioner shall be read as references to the presidential member of the Commission constituting the Commission under whichever of those Divisions is applicable.
CONCILIATION AND ARBITRATION REGULATIONS - PART III
PART III-PROCEDURE OF THE COMMONWEALTH INDUSTRIAL COURT
CONCILIATION AND ARBITRATION REGULATIONS - DIVISION 6
Division 6-Execution and Attachment
CONCILIATION AND ARBITRATION REGULATIONS - REG 99
Interpretation
99. In this Division-
"judgment debtor" includes, in a case where a penalty for contempt of the Court has been imposed, the person on whom the penalty has been imposed;
"order of the Court imposing a penalty in respect of a contempt of the Court" means a judgment or order of the Court imposing a penalty in respect of a contempt of the Court consisting of a failure to comply with an order of the Court made under paragraph (b) of sub-section (1) of section 109 of the Act.
CONCILIATION AND ARBITRATION REGULATIONS - REG 99A
Methods of enforcement
99A. A judgment or order of the Court for the payment of money (including an order of the Court imposing a penalty in respect of a contempt of the Court) may be enforced-
(a) by writ of execution;
(b) by writ of sequestration;
(c) by writ of attachment; or
(d) by attachment of debts owing to the judgment debtor.
CONCILIATION AND ARBITRATION REGULATIONS - REG 100
Writs of execution-general form
100. (1) A party in whose favour a judgment has been given, or an order has been made, by the Court for the payment of money, not being an order of the Court imposing a penalty in respect of a contempt of the Court, may cause to be issued a writ of execution in accordance with Form 24. (2) Before the issue of a writ of execution under the last preceding sub-regulation, the person seeking the issue of the writ shall file with the Registrar an account or statement, verified by affidavit, of what is justly due under the judgment or order.
CONCILIATION AND ARBITRATION REGULATIONS - REG 100A
Writs of execution-contempt cases
100A. (1) A writ of execution for the enforcement of an order of the Court imposing a penalty in respect of a contempt of the Court shall be in accordance with Form 24A.
CONCILIATION AND ARBITRATION REGULATIONS - REG 101
Filing of writ of execution
101. A writ of execution shall not be issued until the order of the Court for or in respect of the enforcement of which execution is sought has been signed and a copy of the writ filed.
CONCILIATION AND ARBITRATION REGULATIONS - REG 102
Renewal of writ of execution
102. (1) A writ of execution, if unexecuted, shall remain in force for one year only from its issue, unless renewed in accordance with this regulation. (2) Any such writ may, at any time before its expiration, by leave of a judge, be renewed by the party issuing it or the Registrar, as the case may be, for one year from the date of the renewal, and so on from time to time during the continuance of the renewed writ, either by being marked with the Seal of the Court, bearing the date of the renewal, or by that party or the Registrar, as the case may be, giving a written notice of the renewal to the person to whom the writ is directed, signed by the party or his solicitor, or the Registrar, as the case may be, and bearing the Seal of the Court.
(3) A writ of execution so renewed shall have effect, and be entitled to priority, according to the time of the original delivery thereof.
CONCILIATION AND ARBITRATION REGULATIONS - REG 103
Endorsement of writ of execution
103. (1) Every writ of execution shall be endorsed with the name and the address or registered office of the party actually suing out the same, or the name and address of the solicitor of that party, and, when a solicitor sues out the writ as agent for any other solicitor, with the name and address of that other solicitor. (2) The last preceding sub-regulation does not apply to or in relation to a writ of execution for the enforcement of an order of the Court imposing a penalty in respect of a contempt of the Court.
CONCILIATION AND ARBITRATION REGULATIONS - REG 104
To whom writ of execution directed
104. Every writ of execution shall be directed to the Marshal of the High Court or to a person whose name is specified in the writ, and shall state the amount to be levied.
CONCILIATION AND ARBITRATION REGULATIONS - REG 105
Writ of sequestration
105. (1) A writ of sequestration may be issued on a special order of a Judge to be obtained on motion upon an affidavit of the circumstances of the case. (2) It shall not be necessary to serve the person against whom such a writ is sought to be issued with notice of the motion unless a Judge so directs.
CONCILIATION AND ARBITRATION REGULATIONS - REG 105A
Discovery in aid of execution
105A. (1) The party entitled to enforce a judgment or order for the recovery or payment of money, or, in the case of an order imposing a penalty for a contempt of the Court, the Registrar, may apply ex parte to the Court or a Judge for an order that-
(a) the judgment debtor;
(b) in a case where the judgment debtor is a corporation (not being an organization) or other body of persons-an officer of that corporation or other body; or
(c) in a case where the judgment debtor is an organization-the holder of an office in the organization, being an office specified in paragraph (a), (aa) or (b) in the definition of "Office" in section 4 of the Act,
attend and be orally examined before a Judge of the Court for the purpose of ascertaining-
(d) whether any and what debts are owing to the judgment debtor; and
(e) whether the judgment debtor has any other property or means of satisfying the judgment or order.(2) The Court or a Judge may make an order for the attendance and the examination of the judgment debtor or of the other person whose attendance and examination has been requested and may, if an application has been made for such an order, also order that the judgment debtor or other person shall produce and hand over to the Court such books and documents as are specified in the order.
(3) The order referred to in the last preceding sub-regulation shall fix the time and place for the attendance and examination of the person named in the order and the examination shall take place before the Court or a Judge at the time and place specified in the order or at such other time and place as the Court or a Judge directs.
CONCILIATION AND ARBITRATION REGULATIONS - REG 105B
Order for attachment of debts
105B. (1) A person who has obtained a judgment or order for the recovery or payment of money, or, in the case of an order imposing a penalty for a contempt of the Court, the Registrar, may, whether or not an examination referred to in the last preceding regulation has taken place, apply ex parte to the Court or a Judge for the issue of a summons under this regulation calling upon a person to show cause why all debts owing or accruing from that other person (in this regulation called "the garnishee") to the judgment debtor, whether alone or jointly with another person, should not be attached to answer the judgment or order, together with the costs of the garnishee proceedings. (2) If the Court or a Judge to whom an application is made under the last preceding sub-regulation is satisfied by affidavit by the applicant or by another person who can swear to the facts-
(a) that the judgment or order referred to in the application has been filed;
(b) that the amount payable under the judgment or order remains unpaid in whole or in part; and
(c) that, either in fact or according to statements made upon an examination made under the last preceding regulation or otherwise, another person is indebted to the judgment debtor either alone or jointly with another person, and is within the Commonwealth,
the Court or a Judge may order that the summons issue accordingly.(3) The summons shall be served on the garnishee and, unless otherwise ordered, on the judgment debtor at least seven days before the date specified in the summons as the date on which the garnishee is required to show cause.
(4) Subject to the next succeeding sub-regulation, service on, or notice to, the garnishee of a summons issued under this regulation binds, until further order of the Court or a Judge, in his hands all debts owing or accruing from him to the judgment debtor, whether alone or jointly with another person.
(5) Where-
(a) the garnishee is a corporation which carries on in the Commonwealth the business of banking; and
(b) the debt due to the judgment debtor is money held by the corporation for the deposit or current account of the judgment debtor (whether alone or jointly with another person),
the debt is bound only to the extent of the sum specified in the summons.(6) The garnishee may pay into the Court the amount due from him to the debtor (whether alone or jointly with another person) or an amount equal to the amount payable under the judgment or order.
(7) If the garnishee does not pay the amount referred to in the last preceding sub-regulation and-
(a) appears on the hearing of the summons and does not dispute the debt due or claimed to be due from him to the debtor; or
(b) does not appear upon the hearing of the summons,
the Court or a Judge may order that execution be issued against the garnishee.(8) If the garnishee appears upon the hearing of the summons and disputes his liability to the judgment debtor, the Court or a Judge-
(a) may determine the question of his liability; or
(b) may order that any issue or question necessary for determining the liability of the garnishee be tried and determined in accordance with such directions as the Court or a Judge gives.(9) If, in proceedings for the attachment of a debt under this regulation, it is claimed by the garnishee, or otherwise appears, that the debt sought to be attached belongs or may belong to a third person, or that a third person has or may have an interest in, or lien or charge upon, the debt, the Court or a Judge may direct that notice in writing be given to the third party stating the nature of the proceedings and containing a statement that the proceedings are to be continued at a specified time and place and that the third party is at liberty to appear and state the nature of his claim upon the debt.
(10) If the Court or a Judge determines that the garnishee is liable to the judgment debtor, the Court or Judge may order execution to issue against the garnishee.
(11) A writ of execution against the garnishee under this regulation shall be in accordance with Form 24 with such modifications as are necessary to meet the circumstances of the case.
(12) Payment made by, or execution levied against, the garnishee in pursuance of this regulation is a valid discharge to the garnishee, as against the judgment debtor, to the extent of the amount paid or levied, notwithstanding that the proceedings may afterwards be set aside or the judgment or order reversed.
(13) The Court or a Judge may refuse to order the attachment of a debt under this regulation where, from the smallness of the amount to be recovered or of the debts sought to be attached or otherwise, the remedy sought would be worthless or vexatious.
CONCILIATION AND ARBITRATION REGULATIONS - REG 106
Writ of attachment
106. Where-
(a) a person has failed to pay money payable by him under a judgment or order of the Court;
(b) the person affected by the non-payment of the money, or in the case of an order imposing a penalty in respect of a contempt of the court, the Registrar, applies to the Court or a Judge for the issue of a writ of attachment; and
(c) the applicant satisfies the Court or the Judge to whom the application is made that the first-mentioned person has means to pay the money and is evading or attempting to evade payment of the money,
the Court or a Judge may order that a writ of attachment shall issue.
CONCILIATION AND ARBITRATION REGULATIONS - REG 107
Issue of writ of attachment
107. (1) All writs of attachment ordered by the Court or a Judge to be issued shall be issued forthwith by the Registrar. (2) Every such writ shall be in accordance with Form 25 and shall be directed to the Marshal of the High Court or to a person whose name is specified in the writ.
(3) The person specified in the writ shall bring before the Court any person arrested upon a writ of attachment on the first day on which the Court sits next after the arrest or as soon afterwards as practicable, and the person shall thereupon be dealt with in such manner as the Court thinks fit.
(4) Nothing in this regulation shall prevent the person specified in the writ from taking bail for the appearance of the person arrested.
CONCILIATION AND ARBITRATION REGULATIONS - PART IV
PART IV-PROCEDURE OF THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION
CONCILIATION AND ARBITRATION REGULATIONS - REG 108
Seal and Stamp of the Court
108. (1) At each Registry, there shall be a seal bearing the Royal Arms with the words "The Seal of the Commonwealth Court of Conciliation and Arbitration" and the name of the Registry, and any of those seals may be used as the Seal of the Court. (2) At each Registry, there shall be a stamp bearing the words "The Stamp of the Commonwealth Court of Conciliation and Arbitration" and the name of the Registry.
(3) The Seal and the Stamp at each Registry shall be in the custody of the Registrar in charge of that Registry.
(4) The Seal shall be affixed by the Registrar to judgments and orders of the Commonwealth Court of Conciliation and Arbitration and to such other documents as that Court or a Judge directs, and the Stamp shall be affixed by the Registrar to all documents issued by him in relation to proceedings before that Court.
CONCILIATION AND ARBITRATION REGULATIONS - REG 109
General application of Part III of these Regulations
109. (1) Subject to this Part, the provisions of Part III of these Regulations in relation to proceedings before the Commonwealth Industrial Court apply, so far as they are applicable, to and in relation to proceedings before the Commonwealth Court of Conciliation and Arbitration. (2) In the application of those provisions, a reference to the Court shall be deemed to be a reference to the Commonwealth Court of Conciliation and Arbitration and a reference to the Chief Judge or a Judge shall be deemed to be a reference to a Judge of that Court.
CONCILIATION AND ARBITRATION REGULATIONS - REG 110
Interpretation
110. In regulations 111, 112, 113 and 114 of these Regulations, "the Court" means the Commonwealth Court of Conciliation and Arbitration constituted by a single Judge.
CONCILIATION AND ARBITRATION REGULATIONS - REG 111
Application for special leave to appeal under Re-establishment and Employment
Act
111. (1) An application under section 29 of the Re-establishment and Employment Act 1945-1955 for special leave to appeal shall be made in court upon a day to be fixed by it. (2) Before applying to the Court, the applicant shall file in the Registry of the Court in the State or Territory of the Commonwealth in which the order in question was made an affidavit in accordance with Form 26 setting forth the relevant facts and the grounds relied upon in support of the application.
(3) A copy of that order and of the depositions, written transcript or official notes of evidence, if any, in the proceedings from the decision from which it is desired to appeal shall be annexed as an exhibit to the affidavit.
(4) When any such affidavit is filed in a District Registry, the Deputy Registrar shall forthwith advise the Industrial Registrar of the filing of the affidavit and the nature of the proceedings.
(5) Where the evidence given in the proceedings from which the appeal is brought is material for the purposes of the appeal and no depositions, written transcript or official notes of that evidence are available, the affidavit shall set forth an account of the evidence, and that affidavit may be answered on affidavit by any respondent.
(6) Any such answering affidavit shall be filed with the Registrar within ten days after service of the notice of appeal, or of notice of the appeal, on the respondent filing the affidavit or within ten days after service on him of notice of the setting down of the appeal, whichever is the later.
CONCILIATION AND ARBITRATION REGULATIONS - REG 112
Hearing of application
112. (1) Upon the filing of the affidavit, the Court shall fix a date for the hearing of the application. (2) The Court may decide to hear the application either ex parte or upon notice to the respondent, and the applicant shall be advised accordingly.
(3) If the applicant is to be heard upon notice, a copy of the affidavit and exhibits referred to in the last preceding regulation shall, not less than two clear days or such longer period as the Court directs before the date fixed for the hearing, be served by the applicant upon the respondent, together with notice in accordance with Form 27 of the date upon which the application will be heard.
CONCILIATION AND ARBITRATION REGULATIONS - REG 113
Hearing of the appeal
113. (1) When the Court grants special leave to appeal, it may-
(a) if the case is one in which notice of the application for leave was given to the respondent-proceed to hear the appeal forthwith; or
By the Court,
Registrar
For (state ground on which writ issued)
----------
FORM 26
Regulation 111
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SPECIAL LEAVE TO APPEAL
IN THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION
In the matter of a proposed appeal under section 29 of the Re-establishment and
Employment Act 1945-19
Between
(Name of proposed appellant)
And
(Name of proposed respondent)
I (set out full name, private address and occupation of the proposed
appellant) being duly sworn make oath and say as follows:
(Set out in numbered paragraphs the relevant facts including-
(i) the name of the court from which the appeal is to be brought;
(ii) the date of the decision in question;
(iii) the effect of that decision;
(iv) grounds intended to be relied upon in support of the appeal;
(v) whether the applicant desires on the hearing of the appeal to adduce
evidence not called in the court below)
----------
FORM 27
Regulation 112
NOTICE TO PROPOSED RESPONDENT IF THE APPLICATION FOR SPECIAL LEAVE IS TO BE MADE
ON NOTICE
IN THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION
In the matter of a proposed appeal under section 29 of the Re-establishment and
Employment Act 1945-19
Between
(Name of proposed appellant)
And
(Name of proposed respondent)
To (set out name and address of proposed respondent):
Take notice that an application will be made to the above-mentioned Court as
(set out locality and address of Court at which application will be made) on the
day of , 19 , at o'clock in the noon or so soon
thereafter as this application may be heard for an order granting (name of
applicant) special leave to appeal from an order of the (insert title of court
which gave the decision from which special leave to appeal is sought) given or
made on (insert date) whereby (set out effect of latter order) upon the
following grounds:
(Set out grounds as stated in affidavit)
Dated this day of , 19
Signature of applicant or his legal representative.
This notice is given on behalf of the proposed appellant (insert name) whose
address for service is (set out address for service).
----------
FORM 28
Regulation 113
NOTICE TO RESPONDENT AFTER SPECIAL LEAVE HAS BEEN GRANTED AND A DATE FOR HEARING
FIXED BY THE COURT
IN THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION
In the matter of an appeal under section 29 of the Re-establishment and
Employment Act 1945-19Between
(Name of appellant)
And
(Name of respondent)
To (set out name and address of respondent):
Take notice that pursuant to special leave under section 29 above-mentioned
granted to the appellant by this Court on the (insert date upon which special
leave to appeal was granted) application will be made to the Commonwealth Court
of Conciliation and Arbitration at (set out locality and address of the Court at
which the appeal will be heard) on the (insert date fixed by the Court for the
hearing) at (insert time on that date fixed for the hearing) by way of appeal
against the order of the (insert title of court the decision of which is the
subject of special leave to appeal) given or made on the (insert date of
decision) for an order by the said Commonwealth Court of Conciliation and
Arbitration reversing or modifying (omit whichever is irrelevant) the order
appealed against on the following grounds:
(Set out grounds as stated in affidavit in support of application for leave)
Dated this day of , 19
Signature of appellant or his legal representative.
This notice is given on behalf of the appellant (insert name) whose address
for service is (set out address for service)
----------
FORM 29
Regulation 116
Conciliation and Arbitration Act 1904-19
APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYERS AS AN
ORGANIZATION
We (set out names, in full, addresses and occupations of applicants) hereby
make application for the registration of an association called (set out the name
of the association) the office of which is situated at (set out place which is
to be registered office) as an organization of employers under the Conciliation
and Arbitration Act 1904-19, and we declare as follows:
1. That the said association is an association of employers in or in connexion
with the (set out name of industry).
2. That the members of the said association have in the aggregate throughout
the six months next preceding the date of this application employed on an
average taken per month not less than one hundred employees in that industry.
3. That the copies accompanying this application of the lists of-
(a) the members of the association;
(b) the officers of the association; and
(c) the branches of the association,
and the particulars set forth in regard thereto, are to the best of our
knowledge and belief true and correct statements of the matters respectively
stated therein.
4. That the copies of the rules of the association and of the branches thereof
accompanying this application are true and correct copies of the rules of the
association and of the branches thereof.
5. That on the day of , 19 , a resolution was passed in
accordance with the rules by a majority of the members present at a general
meeting of the association in favour of registration of the association as an
organization (or a resolution was passed by an absolute majority of the
Committee of Management of the said association in favour of registration of the
association as an organization) and that the copies of that resolution
accompanying this application are true and correct copies thereof.
6. That we, the applicants, are officers of the association, and are
authorized to make this application.
And we make this application conscientiously believing the statements therein
to be true.
Signatures of Applicants
Declared before me at the day of , 19
----------
FORM 30
Regulation 116
Conciliation and Arbitration Act 1904-19
APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYEES AS AN
ORGANIZATION
We, (set out names in full, addresses and occupations of applicants) hereby
make application for the registration of an association called (set out the name
of the association) the office of which is situated at (set out place which is
to be registered office) as an organization of employees under the Conciliation
and Arbitration Act 1904-19 , and we declare as follows:
1. That the said association is an association of employees in or in connexion
with the (set out name of industry).
2. That the number of employees in or in connexion with the said industry who
are members of the association is not less than one hundred.
3. That the copies accompanying this application of the lists of-
(a) the members of the association;
(b) the officers of the association; and
(c) the branches of the association,
and the particulars set forth in regard thereto, are to the best of our
knowledge and belief true and correct statements of the matters respectively
contained therein.
4. That the copies of the rules of the association and of the branches thereof
accompanying this application are true and correct copies of the rules of the
association and of the branches thereof.
5. That on the day of , 19 , a resolution was passed in
accordance with the rules by a majority of the members present at a general
meeting of the association in favour of registration of the association as an
organization (or a resolution was passed by an absolute majority of the
Committee of Management of the said association in favour of registration of the
association as an organization) and that the copies of that resolution
accompanying this application are true and correct copies thereof.
6. That we, the applicants, are officers of the association, and are
authorized to make this application.
And we make this application conscientiously believing the statements therein
to be true.
Signatures of Applicants
Declared before me at the day of , 19
----------
FORM 31
Regulation 119 (1)
COMMONWEALTH OF AUSTRALIA
Conciliation and Arbitration Act 1904-19
NOTICE OF OBJECTION TO THE REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION
Take notice that (set out name of objecting organization or person and its or
his address and his occupation) objects to the registration of (set out the name
of the association applying for registration) as an organization under the above
Act on the following grounds, namely:
(Set out the grounds and particulars thereof in numbered paragraphs)
Dated at this day of , 19
Signature(s) (or Seal) of Objector(s)
To the Industrial Registrar (or Deputy Industrial Registrar, as the case
requires)
----------
FORM 31A
Regulation 124A
Conciliation and Arbitration Act 1904-19
APPLICATION FOR LEAVE TO ALTER RULES
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 the Registrar 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 this day of , 19
On behalf of (name of association)
Signature
To the Registrar
----------
FORM 32
Regulation 125
COMMONWEALTH OF AUSTRALIA
Conciliation and Arbitration Act 1904-19
CERTIFICATE OF REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION OF EMPLOYERS
(or EMPLOYEES, as the case may be)
I, (set out the name and title of Registrar) hereby certify that on the
day of One thousand nine hundred and an association called (set
out the name of the association) was, at the Principal Registry (or at the
District Registry in the State of ), registered by that name under the
Conciliation and Arbitration Act 1904-19 as an organization of employers (or
employees, as the case requires) in or in connexion with the industry.
I further certify that the conditions of eligibility for membership of the
organization are as follows:
Dated at this day of , 19
Industrial Registrar (or Deputy
Industrial
Registrar, as the case requires)
----------
FORM 33
Regulation 126
COMMONWEALTH OF AUSTRALIA
District Registry,
, 19
Memorandum for-
The Industrial Registrar,
Principal Registry,
Melbourne.
I have registered an association called the (set out name of association) as
an organization under the Conciliation and Arbitration Act 1904-19 , according
to the particulars set out below, and I forward herewith a copy of the list of
members of the association, a list of officers of the association showing the
postal addresses and occupations of the officers respectively, a list of the
branches of the association showing the name under which each branch is carried
on, the situation of the registered office thereof and the names, postal
addresses and occupations of the officers of the branches respectively, one copy
of the rules of the association and of its branches, and one copy of the
resolution in favour of registration of the association as an organization.
PARTICULARS
Registered number of organization-
Date of registration-
Name of organization-
Employers or employees-
Name of industry-
Conditions of eligibility for membership-
State-
Situation of registered office-
Deputy Industrial Registrar
----------
FORM 34
Regulation 127
Conciliation and Arbitration Act 1904-19
APPLICATION FOR CONSENT TO THE CHANGE OF NAME OF AN ORGANIZATION
Application is hereby made by (set out name of organization) for consent to
the change of the name of the said organization (set out proposed new name)
The grounds upon which this application is founded are as follows:
(Set out grounds in numbered paragraphs)
Dated at the day of , 19
Signatures
(or Seal)
----------
FORM 35
Regulation 127
Conciliation and Arbitration Act 1904-19
APPLICATION FOR CONSENT TO THE CHANGE OF THE CONDITIONS OF ELIGIBILITY FOR
MEMBERSHIP OF AN ORGANIZATION
Application is hereby made by (set out name of organization) for consent to
the change of the conditions of eligibility for membership of the organization
from the following: (insert present conditions of eligibility for membership) to
the following: (insert proposed conditions of eligibility for membership)
The grounds upon which this application is founded are as follows:
(Set out grounds in numbered paragraphs)
Dated at the day of , 19
Signatures
(or Seal)
----------
FORM 36
Regulation 127
Conciliation and Arbitration Act 1904-19
APPLICATION FOR CONSENT TO THE CHANGE OF THE DESCRIPTION OF THE INDUSTRY IN
CONNEXION WITH WHICH AN ORGANIZATION IS REGISTERED
Application is hereby made by (set out name of organization) for consent to
the change of the description of the industry in connexion with which the
organization is registered from the following: (insert present description) to
the following: (insert proposed description)
The grounds upon which this application is founded are as follows:
(Set out grounds in numbered paragraphs)
Dated at the day of , 19
Signatures
(or Seal)
----------
FORM 37
Regulation 127
Conciliation and Arbitration Act 1904-19
NOTICE OF OBJECTION TO APPLICATION FOR CONSENT TO THE CHANGE OF NAME OF AN
ORGANIZATION
Take notice that (set out name of objecting organization or person, and its or
his address and his occupation) objects to the application for consent to the
change of name of (set out name of organization applying for a change of name)
on the following grounds, namely:
(Set out grounds and particulars thereof in numbered paragraphs)
Dated at the day of , 19
Signatures
(or Seal)
To the Industrial Registrar (or Deputy Industrial Registrar, as the case
requires)
----------
FORM 38
Regulation 127
Conciliation and Arbitration Act 1904-19
NOTICE OF OBJECTION TO APPLICATION FOR CONSENT TO THE CHANGE OF THE CONDITIONS
OF ELIGIBILITY FOR MEMBERSHIP OF AN ORGANIZATION
Take notice that (set out name of objecting organization or person, and its or
his address and his occupation) objects to the application for consent to the
change of conditions of eligibility for membership of (set out name of
organization applying for the change), on the following grounds, namely:
(Set out grounds and particulars thereof in numbered paragraphs)
Dated at the day of , 19
Signatures
(or Seal)
To the Industrial Registrar (or Deputy Industrial Registrar, as the case
requires)
----------
FORM 39
Regulation 127
Conciliation and Arbitration Act 1904-19
NOTICE OF OBJECTION TO APPLICATION FOR CONSENT TO THE CHANGE OF THE DESCRIPTION
OF THE INDUSTRY IN CONNEXION WITH WHICH AN ORGANIZATION IS REGISTERED
Take notice that (set out name of objecting organization or person, and its or
his address and his occupation) objects to the application for consent to the
change of the description of the industry in connexion with which (set out name
of organization applying for change) is registered, on the following grounds,
namely:
(Set out grounds and particulars thereof in numbered paragraphs)
Dated at the day of , 19
Signatures
(or Seal)
To the Industrial Registrar (or Deputy Industrial Registrar, as the case
requires)
----------
FORM 39A
Regulation 138
Conciliation and Arbitration Act 1904
APPLICATION FOR INQUIRY CONCERNING AN ELECTION
To the Industrial Registar:
In the matter of an election for an office in (set out name of organization or
branch)
I, (set out full name of applicant), of (set out address of applicant), being
a member (or a person who, within the period of 12 months preceding the date of
this application, has been a member) of the (set out name or organization)
hereby apply for an inquiry by the Federal Court of Australia into the matter of
the alleged irregularities specified in this application, which I claim have
occurred in or in connection with the election specified in this application. I
rely on the facts stated in this application.
PARTICULARS OF ELECTION
Organization or Branch (set out name)
Office or offices (set out title or titles of position or positions for which
election held)
Is election complete (Answer "yes" or "no")
If election complete, date of completion (set out date)
PARTICULARS OF ALLEGED IRREGULARITIES
(Set out in numbered paragraphs particulars of the alleged irregularity or
irregularities)
FACTS RELIED ON
(Set out in numbered paragraphs the facts relied on in support of the
application)
Dated this day of , 19 .
Applicant
----------
FORM 39B
Sub-regulation 146Q (1)
Conciliation and Arbitration Act 1904
NOTICE OF BALLOT IN RESPECT OF A PROPOSED AMALGAMATION
NOTICE is hereby given that a secret ballot by postal voting of the members of
the (name of organization) who are entitled to vote in the ballot is to be
conducted on the question whether those members approve the proposed
amalgamation of that organization with the following organization(s), namely,
(name of organization or each organization with which amalgamation is proposed).
A copy of the scheme for the proposed amalgamation will be sent to members
entitled to vote in the ballot.
The commencing date of the ballot is .
The closing date of the ballot is .
(Signature, name and title of person
conducting the ballot and address at
which that person will carry out his
duties while conducting the ballot)
----------
FORM 39C
Sub-regulation 146Q (1)
Conciliation and Arbitration Act 1904
NOTICE OF BALLOT IN RESPECT OF AN ALTERNATIVE AMALGAMATION
NOTICE is hereby given that, at the same time as a secret ballot by postal
voting of the members of the (name of organization) who are entitled to vote in
the ballot is conducted on the question whether those members approve the
proposed amalgamation of that organization with the following organizations,
namely, (name of each organization with which amalgamation is proposed), a
secret ballot by postal voting of those members is also to be conducted on the
question whether, if the above-mentioned proposed amalgamation does not take
place, those members approve the amalgamation of the first-named organization
with the other organizations concerned in the amalgamation whose members give a
like approval.
The commencing date of the ballot is .
The closing date of the ballot is .
(Signature, name and title of person
conducting the ballot and address at
which that person will carry out his
duties while conducting the ballot)
----------
FORM 39D
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,
write "yes" in the space provided opposite the question;
. if you do not approve the amalgamation referred to in the question set out
below, write "no" in the space provided opposite the question.
2. Do not place on this paper any mark or writing by which you may be
identified.
QUESTION FOR VOTERS-
DO YOU APPROVE THE PROPOSED AMALGAMATION OF
(name of organization whose members are voting)
WITH THE FOLLOWING ORGANIZATION(S), NAMELY,
(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?
----------------
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).
----------
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 of the amalgamation referred to in the question set out below,
place a tick (' ') 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 (' ') 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
(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
----------------
Further Directions
After you have recorded your vote-
(a) fold this paper so as to conceal the way 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).
----------
FORM 39E
Sub-regulation 146S (2)
Conciliation and Arbitration Act 1904
BALLOTS OF MEMBERS OF
(Name of Organization Whose Members are Voting) (Initials,
or
facsimile
of
initials,
of the
person
conducting
the
ballots)
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, write "yes" in the space provided opposite the question;
. if you do not approve the amalgamation referred to in the question set out
in the ballot paper, write "no" in the space provided opposite the question.
2. Do not place on this paper any mark or writing by which you may be
identified.
----------------
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
(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?
------------
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?
----------------
Further Directions:
After you have recorded your votes-
(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).
----------
FORM 39EA
Sub-regulation 146S (1)
Conciliation and Arbitration Act 1904
BALLOTS OF MEMBERS OF
(Name of Organisation Whose Members are Voting) (Initials, or
facsimile of
initials, of
the person
conducting
the ballots)
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 (' ') 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 (' ') 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.
----------------
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
(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
----------------
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
NO
----------------
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).
----------
FORM 39F
Regulation 146ZA
Conciliation and Arbitration Act 1904
APPLICATION FOR INQUIRY UNDER SECTION 158P IN THE FEDERAL COURT OF AUSTRALIA
In the matter of an application for an inquiry concerning a ballot of the
members of (name of organization).
I, (full name of applicant), of (address of applicant), being a member of the
(name of organization) hereby apply for an inquiry by the Federal Court of
Australia into the following irregularities that, I allege, have occurred in or
in connection with the ballot specified hereunder. I rely on the facts stated
hereunder in support of this application.
PARTICULARS OF BALLOT
Ballot of the members of (name of organization) in respect of the proposed
amalgamation of that organization with (name of organization or each
organization with which amalgamation is proposed).
or
Ballot of the members of (name of organization) on the question whether, if
the proposed amalgamation of that organization with (name of other organizations
concerned in the amalgamation) does not take place, they approve the
amalgamation of (name of first-mentioned organization) with the other
organizations concerned in the amalgamation whose members give a like approval.
*The ballot is uncompleted.
*The ballot was completed on (set out date).
PARTICULARS OF ALLEGED IRREGULARITIES
(Set out in numbered paragraphs particulars of the
alleged irregularity or irregularities)
FACTS RELIED ON
(Set out in numbered paragaphs the facts relied on in
support of the application)
Dated this day of 19 .
Applicant.
*Omit, if inapplicable.
----------
FORM 40
Regulation 163
Conciliation and Arbitration Act 1904-19
APPLICATION FOR A CERTIFICATE UNDER SECTION 47
I, of , hereby apply, in pursuance of
sub-section (3) of section 47 of the Conciliation and Arbitration Act 1904-19 ,
for a certificate that an employer bound by the award or order made by the
Commission on
in the matter of is not required, by reason
of the award or order, to give preference to members of the organization
referred to in the award or order over me.
I claim that my conscientious beliefs do not allow me to be a member of such
an organization.
The following facts are submitted in support of my application:
I attach an affidavit verifying the facts stated in this application.
Dated this day of , 19
Applicant
To the Registrar
CONCILIATION AND ARBITRATION REGULATIONS - SCHEDULE 3 SCH
SCHEDULE 3
Regulations 39 and 164
FEES PAYABLE AT REGISTRAR'S OFFICE
------------------------------------------------------------------------------ --
Item
No. Matter Amount of
Fee
------------------------------------------------------------------------------ --
14 For publication of an advertisement .......................... Actual cost
18 For service of a document (plus motor vehicle allowance, for
each kilometre after the first two kilometres-12 cents) ...... 1.25
26 For photocopies of documents provided by the Registrar-per page
(including certificate of Registrar) ......................... 0.40
28 For the preparation by the Registrar of an award or order for
settlement (including any necessary notices and typing) ...... 5.00
------------------------------------------------------------------------------ -
0
0
0