Industrial Arbitration (Amendment) Act 1975 (NSW)

I N D U S T R I A L A R B I T R A T I O N ( A M E N D M E N T )

ACT.

A N N O VICESIMO Q U A R T O

ELIZABETHE II REGINE

Act N o . 8 2 , 1 9 7 5 .

An Act to amend the Industrial Arbitration Act, 1940, in relation to general economic principles to be applied in the making of certain industrial agreements, awards and orders; to provide for the extension of the term of office of conciliation commissioners; and to extend the powers of the Industrial Commission of New South Wales in respect of conciliation committees and conciliation commissioners. [Assented to, 10th December, 1975.1 B E

Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the same, as follows:—

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

(Amendment) Act, 1975".

2 .      The Industrial Arbitration Act, 1940, is amended—

(a) by inserting at the end of section 11 the following subsections :—

( 2 ) Notwithstanding subsection ( 1 ) , an indus­ trial agreement made after the date of assent to the Industrial Arbitration (Amendment) Act, 1975, has no force or effect unless the commission endorses on it a certificate certifying that the agree­ ment conforms to the commission's general economic principles relating to the making of awards.

(3 ) The registrar shall, as soon as practicable
after an agreement is filed at the office of the
registrar as referred to in subsection ( 1 ) , refer the

agreement to the commission for endorsement on

the agreement of the certificate referred to in

subsection ( 2 ) .

(4 ) Where an agreement is referred to the commission in accordance with subsection ( 3 ) , the commission shall—

(a) if it is satisfied on an examination of the agreement that the agreement conforms to the commission's general economic

principles

principles relating to the making of awards, endorse on the agreement the certificate referred to in subsection ( 2 ) ; or

(b)	if the commission does not endorse the agreement in accordance with paragraph
(a) —

(i)   cause to be listed for hearing the question of whether the agreement should be endorsed with the certificate referred to in subsection ( 2 ) ;

(ii)   cause notice, in such form and manner as may be determined by the commission, of the time and place set down for the hearing to be given to the parties to the agree- ment; and

(iii)   at that time and place or at some other time and place to which the proceedings for the determination of the question are adjourned, hear and determine the question and make an order that the agreement be endorsed with the certificate

referred to in subsection ( 2 ) or that

the agreement be not so endorsed.

(5 ) The commission shall not make an order under subsection (4) (b ) (iii) that the agreement be not endorsed with the certificate referred to in subsection (2) unless it is satisfied that some term of the agreement does not conform to one or more of the commission's general economic principles relating to the making of awards.

( 6 )

(6 ) A reference in this section to the commis­ sion's general economic principles relating to the making of awards is a reference—

(a)	except as provided in paragraphs (b) and ( c ) , to the economic principles relating to the making of awards set forth in the deter­ mination made by the commission in court session on 23rd May, 1975, in the matter No. 170 of 1975, entitled "State Wage Case May 1975", as altered by the deter­ mination made by the commission in court session on 29th October, 1975, in that matter, entitled "State Wage Case October 1975";
(b )	except as provided in paragraph ( c ) , where the commission in court session, in a deter­ mination made by it under section 57 after the date of assent to the Industrial Arbitra­ tion (Amendment) Act, 1975, determines that those principles be altered or added to and declares in that determination that those principles as so altered or added to shall be the commission's general economic principles relating to the making of awards —to those principles as so altered or added to; or
(c)	where the commission in court session, in a determination made by it under section

57 after the date of assent to the Industrial

Arbitration (Amendment) Act, 1975,

declares that principles set forth in the determination be substituted for those re­ ferred to in paragraph (a) or ( b ) , as the case may be, shall be the commission's general economic principles relating to the making of awards—to those substituted principles.

(7)

(7 ) Subsections ( 2 ) , ( 3 ) , ( 4 ) , (5) and ( 6 )

and this subsection are repealed upon the publica­ tion in the Gazette of a proclamation to that effect made by the Minister, but a proclamation under this subsection shall not be made except simultan­ eously with a proclamation under section 23B ( 6 ) .

(b) by omitting section 15 (3) and by inserting instead the following subsections :—

(3) A conciliation commissioner shall, subject to this Act, hold office—

(a)	except as provided in paragraph (b)—until he attains the age of 65 years; or
(b)	where the Governor has under subsection (3A ) approved of his continuing in office as a conciliation commissioner or as the senior conciliation commissioner, as the case may be, after his attaining the age of 65 years—for any period specified in any such approval.
(3A)	Where the Minister, on the recommenda­

tion of—

(a) the senior conciliation commissioner in relation to any other conciliation commis- sioner; or

(b) the President of the commission in relation to the senior conciliation commissioner,

made not earlier than 3 months before the day on which that conciliation commissioner or the senior conciliation commissioner, as the case may be, would but for an approval given under this sub- section cease to hold office under subsection ( 3 ) , certifies that in his opinion it is desirable that that conciliation commissioner or the senior conciliation commissioner, as the case may be, should continue

in

in office, the Governor may from time to time approve of that conciliation commissioner or the senior conciliation commissioner, as the case may be, continuing in office for such period, not exceed­ ing 12 months in respect of any one approval, as may be specified in the approval.

( 3 B ) An approval shall not be given under subsection ( 3 A ) SO that a conciliation commissioner or the senior conciliation commissioner continues in office after he attains the age of 70 years.

(c) by inserting after section 23A the following section :—

23B. (1) Where the chairman of a committee, in an order or award made by the committee, certifies at the time of the making of the order or award that in his opinion some provision of the order or award does not conform to one or more of the commission's general economic principles relating to the making of awards—

(a)	the chairman shall refer the order or award to the commission; and
(b)	the order or award shall have no force or effect unless the commission issues a certificate in respect of the order or award certifying that the order or award conforms to the commission's general economic
principles relating to the making of awards. (2 ) Where an order or award is referred

to the commission under subsection (1) ( a ) , the

commission shall—

(a) if it is satisfied on an examination of the order or award and any record of the proceedings relating to the making of the order or award that the order or award con­ forms to the commission's general economic

principles

principles relating to the making of awards, issue the certificate referred to in subsection (1) (b) in respect of the order or award; or

(b)	if the commission does not issue a certificate in respect of the order or award in
accordance with paragraph ( a ) —

(i)   cause to be listed for hearing the question of whether the certificate referred to in subsection (1) (b) should be issued;

(ii)   cause notice, in such form and manner as may be determined by the commission, of the time and place set down for the hearing to be given to the parties and to such other persons as the commission thinks fit; and

(iii)   at that time and place or at some other time and place to which the proceedings for the determination of the question are adjourned, hear and determine the question and make an order that the certificate referred to in subsection (1) (b) be issued or that that certificate be not issued.

( 3 ) The commission shall not make an

order under subsection ( 2 ) (b ) (iii) that the cer­

tificate referred to in subsection ( 1 ) (b ) be not issued unless it is satisfied that some provision of the order or award does not conform to one or more of the commission's general economic prin­ ciples relating to the making of awards.

( 4 ) Where the commission makes an

order under subsection (2) (b ) (iii) that the cer­ tificate referred to in subsection ( 1 ) (b ) be not issued, the commission shall, after such hearing as

the

the commission considers necessary, vary the order or award concerned to the extent only that is neces­ sary to make it conform to the commission's general economic principles relating to the making of awards.

(5) A reference in this section to the com­ mission's general economic principles relating to the making of awards is a reference to the principles referred to in section 11 (6) (a) , (b) or (c), as the case may require.

(6) This section is repealed upon the pub­ lication in the Gazette of a proclamation to that effect made by the Minister, but a proclamation under this subsection shall not be made except simultaneously with a proclamation under section

11   (7) .

(d) by omitting section 31 (b) and by inserting instead the following paragraph :—

(b) at any time on its own initiative or on application made to it—

(i)   to make an award or to vary or rescind any award made by it, a committee or a conciliation

commissioner; or
(ii)	to prohibit any proceeding before a
committee or a conciliation
commissioner.

LAND

P 91375—34