Industrial Arbitration (Amendment) Act 1971 (NSW)

INDUSTRIAL ARBITRATION (AMENDMENT) ACT.

ANNO VICESIMO

ELIZABETHS II BEGINS

Act No. 39, 1971.

A n A c t t o m a k e prov is ions for the t ak ing of secret

ba l lo t s	b y	m e m b e r s	of	t r ade	u n i o n s	on	cer ta in
m a t t e r s ;	for	this	p u r p o s e	to	a m e n d	the	Indus t r ia l

A r b i t r a t i o n	Act ,	1940; a n d	for	p u r p o s e s	connec ted
the rewi th .	[Assented	t o ,	2nd	N o v e m b e r ,	1971.]

D E it enacted by the Queen's Most Excellent Majesty, by

(Amendment) Act, 1971" .

and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows : —

1. This Act may be cited as the "Industrial Arbitration

2.      The Industrial Arbitration Act, 1 9 4 0 , is amended :—

(a) by inserting in section two next after the matter relating to Part X the following new matter :—

P A R T X A . — S E C R E T BALLOTS ON INDUSTRIAL

M A T T E R S — s s . 1 0 6 A - 1 0 6 D .

(b) by inserting next after Part X the following new Part :—

P A R T X A .

SECRET BALLOTS ON INDUSTRIAL M A T T E R S .

1 0 6 A . ( I ) The commission or a conciliation commissioner may—

(a) at any time or from time to time during the progress of any strike or whenever it or he has reason to believe that a strike is con­ templated by the members of any trade union or by any class or section of such members order that a secret ballot or ballots of the members of the trade union or class or section involved or likely to be involved therein shall be taken for the purposes of determining whether a majority of such members or class or section is or is not in favour of the continuance or institution respectively of the strike; and

(b) in respect of any industrial or like matter that matter are before the commission or conciliation commissioner, as the case may be, order that a secret ballot or ballots of the members of the trade union or any class or section of such members affected or likely to be affected thereby shall be taken for the purposes of ascertaining their views or opinions thereon. whether or not proceedings in relation to

(2 )

(2) Where the commission or a concilia­ tion commissioner makes an order under subsection one of this section the commission or the concilia­ tion commissioner shall have the power t o—

(a) direct the manner in which the secret ballot shall be taken;

(b) give directions for the conduct of the ballot;

(c)	direct the ballot to be conducted by the trade union concerned or by the Electoral Commissioner for New South Wales or by the trade union in co-operation with the Electoral Commissioner for New South Wales; and
(d)	give such other directions as appear to it or him to be necessary to ensure that the ballot is effectively taken and conducted.

(3 ) The expense incurred in the conduct of any ballot under this section shall be borne by the State.

106B. (1) During the progress of any strike by the members of a trade union or any class or section of its members or whenever a strike is con­ templated by the members of a trade union or any class or section of its members the trade union concerned may request the registrar to conduct a secret ballot of its members or of the class or section of its members involved or likely to be involved

in the strike for the purposes of ascertaining
whether a majority of such members or class or

section is or is not in favour of the continuance or

institution respectively of the strike.

(2) A request under this section—

(a) may be made on behalf of the trade union by the committee of management of the trade union;

(b)

(b)	shall be in writing and specify the reasons for the making of the request;
(c)	shall be accompanied by a concise state­ ment of the facts relevant to the strike or contemplated strike; and
(d)	shall be accompanied by a statutory declara­ tion by the secretary of the trade union declaring that the matters set forth in the request are to the best of his knowledge and belief true.

106c. (1) Where a request has been made to the registrar under section 106B of this Act—

(a)	he shall, if he is satisfied that there are reasonable grounds for the holding of a secret ballot and the circumstances justify the same, grant the request;
(b)	he shall, if he is not so satisfied, refuse the request and inform the trade union accordingly; or
(c)	he may refer such request to the commission for directions.

Where the registrar grants the request under para­ graph (a) of this subsection he shall inform the trade union accordingly, direct that the secret ballot be conducted by his nominee or by the trade union or by the Electoral Commissioner for New South Wales and give such directions as appear to him

necessary to ensure that the ballot is effectively

taken and conducted including directions as to the manner in which the ballot is to be taken and as to the conduct of the ballot.

(2 ) The registrar may exercise his

powers under subsection one of this section upon the basis of the matters stated in the request but he may nevertheless take into account any relevant information coming to his knowledge.

(3 )

( 3 ) T h e expense incur red in a bal lo t con­

ducted unde r this section shall be bo rne by the t rade union : Provided that the Minis ter m a y , on appl icat ion by the t rade union , de te rmine that the expense so incurred, or a specified pa r t thereof, shall be b o r n e by the State .

106D . A person shall n o t —

(a)	obstruct the taking of a ballot conducted
unde r this P a r t ;
(b)	counsel persons who are entitled to vote

at any such bal lot to refrain from so vo t ing ;

( c )	use a n y form of in t imidat ion to p revent a person entit led to vote at any such ballot
from vo t ing ; o r
(d)	fail to carry out any orders or directions

of the commiss ion, concil iat ion commis­ sioner or registrar m a d e or given pursuan t to this Pa r t of this Act .

A n y person cont ravening or failing to comply
with the provisions of this section shall be liable

to a penal ty no t exceeding five h u n d r e d dollars

o r impr i sonment for six m o n t h s o r bo th .

A P P R O P R I A T I O N

P 63469—19