Industrial Arbitration Act Amendment Act (No. 2) 1966 (WA)

No. 61.] Industrial Arbitration (No. 2). [1966.

INDUSTRIAL ARBITRATION

(No. 2).

No. 61 of 1966.

AN ACT to amend the Industrial Arbitration Act,

1912-1963.

[Assented to 12th December, 1966.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Industrial

Arbitration Act Amendment Act (No. 2), 1966.

Reprinted in

Vol. is of the	(2) In this Act the Industrial Arbitration Act,
Reprinted

Acta. 1912-1963, is referred to as the principal Act.

Approved for

Reprint, 22nd '3) The principal Act as amended by this Act

January, JAM	(3
)

may be cited as the Industrial Arbitration Act,

1912-1966.

1966.] Industrial Arbitration (No. 2). [No. 61.

Commence-

2. (1) Subject to subsection (2) of this section, ment.

this Act shall come into operation on a date to be

fixed by proclamation.

(2) It shall not be necessary to proclaim that the whole of this Act shall come into operation on one date but the several sections of this Act may be proclaimed to come into operation on such dates as are respectively fixed by proclamation.

3.    Section three of the principal Act is repealed. repealed.

4.    Section six of the principal Act is amended— amended.

(a)

by substituting for the interpretation,

"Employer", the following interpretation

"Employer" includes

(a)

persons, firms, companies and

corporations;

(b)

the Crown and any Minister of the Crown, or body corpor- ate acting on behalf of the State; and

(c)

any employer within the meaning of the Public Service Arbitration Act, 1966,

employing one or more workers; ;

and

(b) by deleting paragraph (a) immediately following the passage, "The term does not include—" in line twenty-eight of the interpretation. "Worker".

No. 61.] Industrial Arbitration (No. 2). [1966.

S. I/A

added. 5. The principal Act is amended by adding after

section eleven, the following section-

Registration

of Civil

11A. (1) In this section—

Service

Association

RS an

industrial "Government officer" includes

union.	(a)	every person employed as an officer or temporary employee under and within the meaning of the Public Service Act, 1904;
(b)	every person employed on the salaried staff of

(i)  the Commissioner of Main Roads appointed under the Main Roads Act, 1930;

(ii)   the Forests Department under the Forests Act, 1918;

(iii)   the Commissioner of Transport constituted under the State Trans- port Co-ordination Act, 1933;

(iv)   the Metropolitan Market Trust under the Metro- politan Market Act, 1926;

(v)   any public hospital that is managed and con- trolled by a Minister of the Crown under and for the purposes of the Hospitals Act, 1927; or

(vi)  any port authority, harbour trust or har- bour board; and

every person who is employed

(c) in any Government depart- ment, State Trading Concern,

1966.] Industrial Arbitration (No. 2). [No. 61.

State instrumentality or State agency named in an order of the Commission in Court Session made pursuant to subsection (6) of this section, and who is declared by that order to be a Government officer,

and who is or is eligible to become a

member of the Association;

"the Association" means the Civil Service Association of Western Australia Incor- porated.

(2) After the coming into operation of the Public Service Arbitration Act, 1966, the Commission in Court Session shall, subject to the provisions of this section, direct the Registrar to register the Association as an industrial union under this Act, notwithstand- ing that the Association has not complied with the requisitions of this Act relating to registra- tion of a society as an industrial union under this Act.

(3) Before directing the Registrar as referred to in subsection (2) of this section, the Commis- sion in Court Session

(a)	shall give notice of its intention so to direct the Registrar by publishing a notice to that effect in the Western Australian Industrial Gazette and in a newspaper published and circulating generally within the State; and
(b)	may direct the Association to make such amendments to its rules as the Commission in Court Session thinks fit.

(4) The notice referred to in paragraph (a)

of subsection (3) of this section shall state that

any industrial union the rules of which, so far

No. 61.] Industrial Arbitration (No. 2). [1966.

as they relate to qualifications of persons for membership of the union, include workers having the same calling as those to which the rules of the Association relate, and any employer who employs or usually employs or is likely to employ members of the Association, may upon giving to the Registrar and the Association notice in the prescribed form be heard in objection to or to the registration of any rules of the Association that relate to the qualification of persons for membership of the Association, the area and the industry or calling in respect of which it is intended to register the Association as an industrial union, and shall appoint a date and place for the hearing of any such objections.

The Association may appear and be heard

in relation to any objections made pursuant to

subsection (4) of this section.

(5)

(6)

When in pursuance of the provisions of subsection (2) of this section the Commission in Court Session directs the Registrar to register the Association as an industrial union under this Act, the Commission in Court Session shall make an order declaring that such persons as are employed in any Government department, State Trading Concern, State instrumentality or State agency named in that order, and as are therein described, are Government officers within the meaning of this section.

(7) The Commission in Court Session may at any time and from time to time, on applica- tion made by the Association or by any employer or industrial union and after consulting the Public Service Arbitrator appointed under the Public Service Arbitration Act, 1966, make an order amending or varying the order made by it under subsection (6) of this section.

No. 61.] Industrial Arbitration (No. 2). [1966.

(8) Notwithstanding the provisions of sub- section (1) of this section, the following persons are deemed not to be Government officers, namely

(a)	any officer of either House of Parlia- ment under the separate control of the President or Speaker or under their joint control;
(b)	any officer employed on the teaching staff of the Education Department under the Education Act, 1928, or the regulations made under that Act;
(c)	any officer within the meaning of the term "officer" in the Railways Classi- fication Board Act, 1920.

6. Section sixty-one of the principal Act is am6einded.

amended—

(a)	by deleting the word, "or" in the last line of paragraph (d) of subsection (2);
(b)	by substituting for the passage, "indus- tries." in line two of paragraph (e) of subsection (2), the passage, "industries; or"; and
(c)	by adding after paragraph (e) of subsection (2), the following paragraph

(f) regulate the rates of salary or wages, or the conditions of employment, of any worker who is a Government officer within the meaning of section eleven A of this Act. .

Part X

7. Part X of the principal Act is repealed. repealed.