Industrial Arbitration (Amendment) Act 1979 (NSW)

INDUSTRIAL ARBITRATION (AMENDMENT) ACT,

1979, No. 107

A N N O VICESIMO OCTAVO

ELIZABETHE II REGINE

Act No. 107, 1979.

An Act to amend the Industrial Arbitration Act, 1940, with respect to contracts of bailment of taxi-cabs and private hire cars and certain contracts of carriage by motor lorry. [Assented to, 17th May, 1979.]

B E it enacted by the Queen's Most Excellent Majesty, by 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 (Amendment) Act, 1 9 7 9 " .

2.      ( 1 ) This section and section 1 shall commence on the date

of assent to this Act.

( 2 ) Except as provided in subsection ( 1 ) , this Act shall

commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. This Act contains the following Schedules :—

SCHEDULE 1.—AMENDMENTS TO PART I OF THE

INDUSTRIAL ARBITRATION ACT, 1 9 4 0 .

SCHEDULE 2.—AMENDMENTS TO PART II OF THE

INDUSTRIAL ARBITRATION ACT, 1 9 4 0 .

SCHEDULE 3.—AMENDMENTS TO PART III OF THE

INDUSTRIAL ARBITRATION ACT, 1 9 4 0 .

SCHEDULE 4.—AMENDMENTS TO PART VII OF THE INDUSTRIAL ARBITRATION ACT, 1 9 4 0 .

SCHEDULE 5.—AMENDMENTS TO PART VIII OF THE INDUSTRIAL ARBITRATION ACT, 1 9 4 0 .

SCHEDULE 6.—AMENDMENTS TO THE INDUSTRIAL

ARBITRATION ACT, 1 9 4 0 , WITH RESPECT TO THE

REGULATION OF CERTAIN CONTRACTS.

SCHEDULE 7.—AMENDMENTS TO PART IX OF THE INDUSTRIAL ARBITRATION ACT,	1 9 4 0 .
SCHEDULE 8.—AMENDMENTS TO PART XII OF THE INDUSTRIAL ARBITRATION ACT,	1 9 4 0 .

SCHEDULE 9.—AMENDMENTS TO THE INDUSTRIAL

ARBITRATION ACT, 1 9 4 0 , BY WAY OF STATUTE LAW

REVISION.

SCHEDULE 10.—REGISTRATION OF CERTAIN ASSOCIATIONS

OF CONTRACT DRIVERS AND CONTRACT CARRIERS.

SCHEDULE 11.—TRANSITIONAL PROVISION.

The Industrial Arbitration Act, 1 9 4 0 , is amended in the manner set forth in Schedules 1-9 .

4 .

5 .      Schedule 1 0 has effect.

6.      Schedule 1 1 has effect.

SCHEDULE 1.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT, 1 9 4 0 .

( 1 ) (a) Section 2 , matter relating to Part II—

Omit "AND CONCILIATION COMMITTEES", insert instead ", CONCILIATION COMMITTEES AND CONTRACT

REGULATION TRIBUNALS".

(b) Section 2 , matter relating to Division 1 of Part VII— After "Committees", insert "and Contract Regulation Tribunals".

SCHEDULE 1—continued.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

(c) Section 2, matter relating to Part V I I I —

After "AWARDS", insert "AND CONTRACT

DETERMINATIONS".

(d) Section 2 — After the matter relating to Part V I I I , insert :—

PART VIIIA.—REGULATED CONTRACTS—ss. 9 1 A -

91R.

DIVISION 1.—Preliminary—s. 91A.
DIVISION 2.—Associations—ss. 91B-91G.
DIVISION 3.—Agreements—ss. 91H, 91I.

DIVISION 4.—Contract Regulation Tribunals—

ss. 9 1 J - 9 1 M .

DIVISION 5.—Contract Determinations—ss.

91N-91R.

(e) Section 2, matter relating to Part I X —

After "AWARDS", insert "AND CONTRACT

DETERMINATIONS".

( 2 ) (a) Section 5 (1), definitions of "Association of contract carriers", "Association of contract drivers", "Association of employing contractors"—

Before the definition of "Award", insert:—

"Association of contract carriers" means an association of contract carriers registered under Part VII IA.

SCHEDULE 1—continued.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

"Association of contract drivers" means an

association of contract drivers registered under

Part VII IA.

"Association of employing contractors" means an association of employing contractors registered under Part VII IA.

(b) Section 5 (1) , definitions of "Bailee", "Bailor"—

After the definition of "Award", insert:—

"Bailee" in relation to a public vehicle means the person to whom the vehicle is bailed under a contract of bailment.

"Bailor" in relation to a public vehicle means the person by whom the vehicle is bailed under a contract of bailment.

(c) Section 5 (1) , definition of "Carrier"—

After the definition of "Calling", insert:—

"Carrier" means a person with whom a principal contractor has a contract of carriage.

(d) Section 5 (1), definitions of "Contract determination", "Contract of bailment", "Contract of carriage"—

After the definition of "Committee", insert :—

"Contract determination" means a determination in a matter in which a tribunal has jurisdiction.

SCHEDULE 1—continued.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

"Contract of bailment" in relation to a public vehicle means a contract (not being a hire- purchase agreement within the meaning of the Hire-Purchase Act, 1960) under which a public vehicle is bailed to a person to enable him—

(a)	where the public vehicle is a taxi-cab —to ply for hire; or
(b)	where the public vehicle is a private hire car—to transport passengers,

in a transport district established under the

Transport Act, 1930.

"Contract of carriage" has the meaning ascribed

thereto in subsection (3A).

(e) Section 5 ( 1 ) , definition of "Employee"—

Omit "In determining whether a person who, in performing work, drives a motor vehicle, is an employee, if the person would be held to be an employee if the motor vehicle which he was driving in the performance of such work was owned by the

person alleged to be his employer then such person
shall be held to be an employee of such alleged

employer although he is owner or lessee of the vehicle or has the use of the vehicle under a hire purchase agreement or other arrangement whatsoever.".

(f) Section 5 ( 1 ) , definition of "Member of the family"— After the definition of "Managerial position", insert:—

"Member of the family" in relation to a person
means his spouse, father, mother, grandfather,
grandmother, step-father, step-mother, child,

SCHEDULE 1—continued.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

step-child, brother, sister, half-brother, half- sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law and sister-in- law.

(g) Section 5 (1) , definition of "Motor lorry"—

After the definition of "Minister", insert :—

"Motor lorry" has the same meaning as it has in the regulations made under the Motor Traffic Act, 1909.

•

(h) Section 5 (1), definitions of "Primary producer", "Principal contractor"—

After the definition of "Prescribed", insert :—

"Primary producer" means a person who cultivates or uses land—

(a) for the production for sale of fruit,

grain, flowers, vegetables, tobacco,

honey, timber or any other farm or
agricultural produce;

(b) for the maintenance of animals or birds, for the purpose of selling them or their bodily produce; or

(c) as a nurseryman.

"Principal contractor" means a person who enters into a contract (other than a contract of employment) with another person for the transportation by that other person of any load other than passengers.

SCHEDULE 1—continued.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

(i) Section 5 (1) , definition of "Public vehicle"—

After the definition of "Public authority", insert :— "Public vehicle" means—

(a) a taxi-cab; or

(b) a private hire car,

within the meaning of the Transport Act,

1930.

(j) Section 5 (1) , definition of "Tribunal"—

Before the definition of "Under Secretary", insert :—

"Tribunal" means a contract regulation tribunal

established under Part VIIIA.

(k) Section 5 ( 3 A ) - ( 3 C ) —

After section 5 (3) , insert :—

(3A) Subject to subsection (3B), a reference in

this Act to a contract of carriage is a reference to a

contract (whether written or oral or partly written	and partly oral and whether entered into before or
after the commencement of the Industrial Arbitration (Amendment) Act, 1979) that is not a contract of employment and is made between a principal con­ tractor and a carrier who transports a load (other than passengers) the subject of the contract by means of a motor lorry in the course of a business of transporting loads of that kind by motor lorry but only if—

(a) where the carrier is not a partnership or corporation—no person except the carrier is, except in the prescribed circumstances,

S C H E D U L E 1—continued.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

employed (whether pursuant to a contract of employment or not and whether by the carrier or not) in driving or riding upon the motor lorry, or any other motor lorry, in the course of that business;

(b)	where the carrier is a partnership—no person other than a partner is, except in the
prescribed circumstances, employed

(whether pursuant to a contract of employ­ ment or not and whether by the partnership or not) in driving or riding upon the motor lorry, or any other motor lorry, in the course of that business; or

(c) where the carrier is a corporation—no person is, except in the prescribed circum­ stances, employed (whether pursuant to a contract of employment or not and whether by the corporation or not) in driving or riding upon the motor lorry, or any other motor lorry, in the course of that business

unless he is— (i) a director of the corporation or a

member of the family of a director

of the corporation;

(ii)   a person who, together with the members of his family, has a controlling interest in the corporation; or

(iii)   a member of the family of a person who, together with the members of his family, has a controlling interest in the corporation.

SCHEDULE 1—continued.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

(3B) A reference in this Act to a contract of

carriage does not include a reference to a contract of
carriage—

(a) where the carrier is a common carrier;

(b) that is one of 2 or more contracts of carriage of packaged goods made with 2 or more different principal contractors and executed by the use of the same motor lorry;

(c) for the carriage of mail;

(d)	for the carriage of bread, milk or cream for sale or delivery for sale;
(e)	for the carriage of goods that are to be sold pursuant to orders solicited during the carriage of the goods;

(f) for the carriage of livestock;

(g)	where the principal contractor is a primary producer or a member of the family of a
primary producer and the contract is for the
transportation of primary produce; or
(h)	for the transportation of primary produce from or to land used for primary production.

(3c) Where a person—

(a) is in possession of a private hire car other­ wise than as a bailee or employee; and

SCHEDULE 1—continued.

AMENDMENTS TO PART I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

(b) is, in a transport district established under the Transport Act, 1 9 3 0 , engaged in trans­ porting passengers in the private hire car pursuant to a licence under that Act of which he is not the holder,

the provisions of this Act apply to and in respect of that person in the same way as they would apply to him if he were in possession of the private hire car under a contract of bailment made with the holder of the licence.

SCHEDULE 2.

AMENDMENTS TO PART I I OF THE INDUSTRIAL ARBITRATION

ACT, 1 9 4 0 .

(1)	Part I I , heading—
Omit "AND CONCILIATION COMMITTEES", insert instead
", CONCILIATION COMMITTEES AND CONTRACT REGULATION TRIBUNALS".

(2) (a) Section 14 (7 )—

After "a committee,", insert "a tribunal".

(b) Section 14 (7)—

After "committee" where secondly and thirdly occurring, insert "or tribunal".

SCHEDULE 2—continued.

AMENDMENTS TO PART I I OF THE INDUSTRIAL ARBITRATION

ACT, 1940—continued.

(c) Section 14 (8) (b), (c), (d )—

Omit "or decision" wherever occurring, insert instead

", decision or contract determination".

(d) Section 14 (10)—

Omit "and the conciliation committees", insert instead ", the conciliation committees and the contract regulation tribunals".

(e) Section 14 (12)—

After "committee", insert "or tribunal".

(f) Section 14 (13)—

After "concerned", insert "or, as the case may be, of the contract regulation tribunal established for the class of contracts concerned".

(3) (a) Section 15 (1A) ( C ) —

After "committees", insert "and tribunals".

(b) Section 15 ( 1 B ) —

After "committee", insert "and of each tribunal".

(4) (a) Section 17A (1) ( a )—

After "callings", insert "and with matters arising under contracts to which Part VI I IA applies".

(b) Section 17A (1) (b )—

Omit "or callings", insert instead ", callings or classes of contracts".

SCHEDULE 2—continued.

AMENDMENTS TO PART I I OF THE INDUSTRIAL ARBITRATION ACT,

1940—continued.

(c) Section 17A ( 2 ) —

After "dispute", insert ", or a dispute concerned with a contract to which Part VI I IA applies,".

(d) Section 17A ( 4 ) —

After "dispute" where firstly occurring, insert or a dispute concerned with a contract to which Part VI I IA applies,".

(e) Section 17A ( 4 ) —

Omit "industrial" where secondly occurring.

SCHEDULE 3.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL ARBITRATION

ACT, 1 9 4 0 .

( 1 ) (a) Section 2 4 ( 7 ) —

After "commissioner,", insert "or a contract

determination of a tribunal,".

(b) Section 2 4 ( 7 ) —

After "award" where secondly occurring, insert "or determination".

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL

ARBITRATION ACT, 1940—continued.

(c) Section 24 (8 )—

After "commissioner", insert "or any party to a contract, or any association registered under Part

VIIIA, affected by a contract determination of a

tribunal or of a conciliation commissioner".

(d) Section 24 (8) ( a )—

Omit "or decision", insert instead ", decision or determination".

(e) Section 24 (9 )—

After "committee" where firstly occurring, insert ", tribunal".

(f) Section 24 (9) ( a )—

After "committee", insert "or tribunal".

(g) Section 24 (9) (c )—

After "committee", insert ", tribunal".

(h) Section 24 ( 9 A ) —

After "commissioner" where firstly occurring, insert ", or from a contract determination of a tribunal or a conciliation commissioner,".

(i)     Section 24 ( 9 A ) —

After "committee" where secondly occurring, insert

"or tribunal,".

(j) Section 24 ( 9 A ) —

Omit "or decision" where secondly occurring, insert instead ", decision or determination".

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL ARBITRATION ACT, 1940—continued.

(k) Section 24 (11)—

After "committee", insert "or tribunal".

(2) (a) Section 25 (1) (d) , (e)—

After section 25 (1) (c), insert :—

(d) where any question, dispute or difficulty has arisen which, in his opinion, might lead, or has led—

(i)   to owners of public vehicles being in breach of contracts of bailment of those vehicles or refusing to enter into contracts of bailment of those vehicles;

(ii)   to principal contractors under con­ tracts of carriage being in breach of those contracts or persons refusing to enter into contracts of carriage as principal contractors;

(iii)	to bailees of public vehicles or carriers under contracts of carriage being in breach of those contracts; or
(iv)	to persons refusing to enter into con­ tracts as bailees of public vehicles or as carriers under contracts of carriage;

(e) where there is any question, dispute or difficulty arising from the reorganisation of the business of a principal contractor that affects, or is likely to affect, the number of carriers used by the principal contractor or their remuneration,

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL

ARBITRATION ACT, 1940—continued.

(b) Section 25 (3) —

After "concerned", insert "or, in the case referred to in subsection ( 1 ) (d) or (e), the members of the contracts regulation tribunal concerned".

(c) Section 25 ( 3 A ) —

Omit "or the committee", insert instead ", committee or tribunal".

(d) Section 25 ( 3 A ) —

After "strike", insert ", or the bailee or carriers con­ cerned therein may be in breach of their contracts, or the persons concerned therein may be refusing to enter into contracts as bailees or carriers".

(e) Section 25 ( 4 ) ( a )—

After "may", insert ", in the case of a conference summoned pursuant to subsection ( 1 ) (a) , (b) or

(c)".

(f) Section 25 ( 4 ) ( a l ) —

After section 25 ( 4 ) (a) , insert :—

(a l ) where the conciliation commissioner is sitting
alone he may, in the case of a conference

summoned pursuant to subsection ( 1 ) (d) or

(e)

—

(i)	make such order in relation to the question, dispute or difficulty as he thinks fit;
(ii)	make such contract determination in relation to the question, dispute or difficulty as a tribunal could have

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL ARBITRATION ACT, 1940—continued.

made on an application under Part

VIIIA, and his determination shall

have the same effect as a determina­ tion of a tribunal on such an application; or

(iii)   refer the question, dispute or difficulty to the commission;

(g) Section 25 (4) (b) (ii)—

Omit "commission.", insert instead "commission; or".

(h) Section 25 (4) ( c )—

After section 25 (4) (b) , insert:—

(c) where the members of the contract regulation tribunal are summoned to sit with the concilia­ tion commissioner they, together with the conciliation commissioner as chairman, may—

(i) sit as a tribunal and make an order

or contract determination in relation

to the question, dispute or difficulty; or

(ii)   refer the question, dispute or difficulty to the "commission.

(i) Section 25 (5 )—

Omit "paragraphs (a) , (b) and (c) of subsection (1)", insert instead "subsection (1) (a) , (b) or (c), or a conciliation commissioner or a tribunal considers that the public interest is or could be adversely affected by any question, dispute or difficulty of the nature referred to in subsection (1) (d) or (e)".

S C H E D U L E 3—continued.

AMENDMENTS TO PART III OF THE INDUSTRIAL

ARBITRATION ACT, 1940—continued.

(j) Section 25 (5 )—

After "award" where firstly occurring, insert ", or the conciliation commissioner or the tribunal may make an interim order or contract determination,".

(k) Section 25 (5 )—

Omit "or award" where secondly, thirdly, fourthly, fifthly and sixthly occurring, insert instead ", award or contract determination".

(1) Section 25 ( 5 A ) —

Omit "or award" wherever occurring, insert instead ", award or contract determination".

(m) Section 25 ( 5 A ) —

Omit "or committee", insert instead ", committee or tribunal".

(n) Section 25 (6 )—

Omit "or a committee", insert instead ", committee or

tribunal".

(3) Section 25A (2 )—

At the end of section 25A, insert:—

(2) As soon as an association registered under Part

VIIIA, or a bailor of a public vehicle, or a principal

contractor under a contract of carriage, becomes aware of any question, dispute or difficulty of the nature referred to in section 25 (1) (d) or (e), the association, bailor or principal contractor shall forthwith notify the registrar accordingly.

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL ARBITRATION ACT, 1940—continued.

(4) (a) Section 26—

After "calling", insert "or, as the case may require, the members of the contract regulation tribunal for the class of contracts to which the matter relates".

(b) Section 26—

After "committee" where secondly occurring, insert

"or, as the case may be, a tribunal".

(c) Section 26—

After "committee" where thirdly occurring, insert ", and against any contract determination of a tribunal,".

(d) Section 26—

Omit "or award" where secondly occurring, insert instead ", award or contract determination".

(5) (a) Section 27—

After "committee" where firstly occurring, insert ", and

any contract determination of a tribunal,".

(b) Section 27—

After "committee" where secondly and thirdly occur­ ring, insert ", or contract determination of a tribunal,".

(6) Section 30 (2 )—

At the end of section 30, insert :—

The commission, in addition to the jurisdiction and powers conferred on it by this Act, shall have the powers and may exercise the jurisdiction conferred by this Act on

( 2 )

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL

ARBITRATION ACT, 1940—continued.

a contract regulation tribunal and the chairman of a contract regulation tribunal, and may exercise the powers, jurisdiction and functions of a contract regulation tribunal in respect of a class of contract to which Part VI I IA applies notwithstanding that a tribunal may not have been established for contracts of that class.

( 7 ) (a) Section 30A ( a )—

Omit "industrial matters by means of conciliation", insert instead "by means of conciliation industrial matters and matters arising under contracts to which Part VI I IA applies".

(b) Section 30A (b )—

After "matters" where firstly occurring, insert "and matters arising under contracts to which Part VI I IA applies".

(c) Section 30A (b )—

Omit "industrial" where secondly occurring.

(8) (a) Section 30B (1) ( a )—

Omit "or ruling", insert instead ", ruling or contract determination".

(b) Section 30B (1) (f)—

After "employees", insert "or association of contract drivers or association of contract carriers".

67880G-33

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL ARBITRATION ACT, 1940—continued.

(c) Section 30B (1) (g)—

Omit "or decisions", insert instead ", decisions or contract determinations".

(d) Section 30B (1) (h )—

After "matter", insert "or matter in respect of which a tribunal has jurisdiction,".

(e) Section 30B (1 )—

Omit "or decision", insert instead ", decision or contract determination".

(9) (a) Section 30c—

After "committee" where firstly occurring, insert ", a contract regulation tribunal".

(b) Section 30c—

Omit "conciliation committee" where secondly

(10) (a) Section 31 ( a )—	occurring, insert instead "committee or tribunal".
After "matter", insert "or with any person or association of principal contractors, or association of contract drivers or contract carriers, as to anything affecting the settlement of a matter arising under a contract to which Part VI I IA applies".

(b) Section 31 (b) ( i )—

Omit "or" where fourthly occurring.

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL

ARBITRATION ACT, 1940—continued.

(c) Section 31 (b) (ii)—

After "committee", insert ", tribunal".

(d) Section 31 (b) (ii)—

After "commissioner;", insert "or".

(e) Section 31 (b) (iii)—

After section 31 (b) (ii), insert :—

(iii)   to make a contract determination or vary or rescind any contract determination made by it, a tribunal or a conciliation commissioner;

( 1 1 ) (a) Section 3 3 (b)—

After "industry" wherever occurring, insert "or

business".

(b) Section 3 3 (b)—

After "grant the", insert "terms or".

(c) Section 33 (b)—

After "employer" wherever occurring, insert "or person carrying on business".

SCHEDULE 3—continued.

AMENDMENTS TO PART I I I OF THE INDUSTRIAL ARBITRATION ACT, 1940—continued.

(12) Section 36 (2 )—

At the end of section 36, insert:—

(2) The commission may, on the application of the Minister, a bailor of a public vehicle, a principal contractor or an association registered under Part VIIIA, determine any question as to the demarcation of the interests of associations so registered in the regulation of the conditions of contracts to which that Part applies.

SCHEDULE 4.

AMENDMENTS TO PART V I I OF THE INDUSTRIAL ARBITRATION

ACT, 1940.

(1) Part V I I , Division 1, heading-

After "Committees", insert "and Contract Regulation

Tribunals".

(2) (a) Section 74 (2 )—	Omit "Any such application", insert instead "An application under subsection (1) (b)".
(b)	Section 74 ( 3 ) - ( 5 ) —
After section 74 (2) , insert :—
(3) Proceedings before a tribunal shall be commenced by—

(a) reference to the tribunal by the commission or the Minister; or

SCHEDULE 4—continued.

A M E N D M E N T S TO PART V I I OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(b) an application made as provided by

subsections (4 ) and ( 5 ) .

(4) An application under subsection (3) (b) may be made by—

(a)	a bailor under a contract of bailment of a public vehicle, if the average number of different bailees with whom he entered into contracts of bailment on each working day during the period of 1 month that next preceded the making of the application was not less than 10;
(b)	a principal contractor under a contract of carriage, if the average number of different carriers with whom he entered into contracts of carriage on each working day during the period of 1 month that next preceded the making of the application was not less than 10;

(c)	an association of employing contractors, or any other association, which represents bailors or principal contractors who are, or some of whom are, parties to contracts of the class in respect of which the tribunal is established; or
(d)	an association of contract drivers or an association of contract carriers which represents bailees or carriers who are, or some of whom are, parties to contracts of the class for which the tribunal is established.

SCHEDULE 4—continued.

A M E N D M E N T S TO PART V I I OF THE INDUSTRIAL ARBITRATION

A C T , 1940—cont inued.

(5 ) An application under subsection (3) (b)

shall—

(a) be in or to the effect of the prescribed form;

(b) contain the prescribed particulars; and

(c) be signed by such persons of such classes or descriptions as may be prescribed.

(3 ) Section 7 5 —

After "committee" wherever occurring, insert "or tribunal".

( 4 ) Section 7 6 —

After "committee", insert "or tribunal".

(5 ) (a ) Section 77 ( 1 ) —

Omit "conciliation".

(b) Section 77 ( 1 ) — After "committee" wherever occurring, insert "or tribunal".

(6 ) (a ) Section 77A—

After "committee" wherever occurring, insert "or tribunal".

(b) Section 77A—

Omit "committee's".

SCHEDULE 4—continued.

A M E N D M E N T S TO PART V I I OF THE INDUSTRIAL ARBITRATION

A C T , 1940—cont inued.

(c) Section 77A—

After "determination", insert "of the committee or tribunal".

(7) Section 7 7 B —

After "committee" wherever occurring; insert "or tribunal".

(8) (a) Section 7 7 c —

After "committee", insert "or tribunal".

(b) Section 7 7 c —

After "matter", insert ", or a matter arising under a contract to which Part V I I I A applies,".

( 9 ) (a) Section 7 7 D —

After "committee" where firstly, thirdly, fourthly, fifthly, sixthly, seventhly and eighthly occurring, insert

"or tribunal".

(b) Section 7 7 D —

After "industry" wherever occurring, insert "or business".

(c) Section 7 7 D —

After "grant the", insert "terms or".

(d ) Section 7 7 D —

After "employer" wherever occurring, insert "or person carrying on business".

SCHEDULE 4—continued.

A M E N D M E N T S TO PART V I I OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(10) Section 7 7 E —

After "committee" wherever occurring, insert "or tribunal".

(11) (a) Section 77G—

After "committee", insert "or contract determination of a tribunal".

(b) Section 77G—

Omit "or order" where secondly occurring, insert instead ", order or determination".

(12) Section 7 8 —

Omit "or a committee", insert instead ", a committee or a tribunal".

(13) (a) Section 80 ( 1 ) — After "matter", insert "or a matter arising under a contract to which Part V I I I A applies".

(b) Section 80 ( 2 ) —

Omit "or a committee", insert instead ", a committee or a tribunal".

(c) Section 80 ( 2 ) —

Omit "or the committee", insert instead ", the com­ mittee or the tribunal".

SCHEDULE 4—continued.

A M E N D M E N T S TO PART V I I OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(d) Section 80 ( 3 ) —

Omit "or a committee", insert instead "a committee or a tribunal".

(e) Section 80 ( 3 ) —

Omit "or committee", insert instead "committee or tribunal".

(14) Section 82—

Omit "or a committee", insert instead ", a committee or a tribunal".

(15) Section 8 3 —

Omit "or a committee", insert instead ", a committee or a tribunal".

(16) Section 83 A —

After "committee", insert ", a tribunal".

(17) (a) Section 84 (1) ( a ) —

Omit "or proceeding", insert instead ", proceeding or contract determination".

(b) Section 84 (1) ( b ) —

Omit "or direction", insert instead ", direction or contract determination".

SCHEDULE 4—continued.

A M E N D M E N T S TO PART V I I OF THE INDUSTRIAL ARBITRATION

A C T , 1940—cont inued.

(c) Section 8 4 ( 1 ) ( b ) —

After "industrial matter" wherever occurring, insert "or matter in respect of which a tribunal has jurisdiction".

(d) Section 8 4 ( 2 ) —

Omit the subsection.

SCHEDULE 5.

A M E N D M E N T S TO PART V I I I OF THE INDUSTRIAL ARBITRATION

A C T , 1 9 4 0 .

( 1 ) Section 8 8 E ( 1 ) ( a ) , ( c ) —

Omit the paragraphs.

( 2 ) (a ) Section 8 8 F ( 1 ) ( e ) —

Omit "or agreement", insert instead ", industrial

agreement, agreement registered under Part V I I I A or
contract determination".

(b) Section 8 8 F ( 4 ) —

After section 8 8 F ( 3 ) , insert :—

( 4 ) An application under this section in respect of a contract of carriage to which Part V I I I A applies may be made by a party to the contract or by an association of contract carriers of which a party to the contract is a member.

SCHEDULE 5—continued.

A M E N D M E N T S TO PART VIII OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(3) Section 9 0 —

After "award,", insert "contract determination,".

(4 ) Section 90A ( 2 ) —

At the end of section 90A, insert :—

(2) In subsection ( 1 ) , a reference to an award includes a reference to a contract determination.

(5 ) (a) Section 9 0 B —

Omit "or order" wherever occurring, insert instead

", order or contract determination".

(b) Section 90B ( 2 ) —

After "union", insert "or, in the case of a contract determination, any person or any association

registered under Part V I I I A , " .

( 6 ) Section 9 1 —

After "awards,", insert "contract determinations,".

SCHEDULE 6 .

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN CONTRACTS.

Part V I I I A —

After Part VIII, inse r t :—

P A R T V I I I A .

REGULATED CONTRACTS.

DIVISION 1.—Preliminary.

9 1 A . ( 1 ) In this Part "registered agreement" means an

agreement registered under Division 3.

(2 ) The contracts to which this Part applies are contracts of bailment of a public vehicle and contracts of carriage.

DIVISION 2.—Associations.

9 1 B . ( 1 ) The registrar may, on application made in

accordance with subsection ( 2 ) , register any group or
organisation as an association of employing contractors where, throughout the period of 6 months that last preceded the making of the application, members of the group or organisation have been—
(a)	bailors under contracts of bailment of a public vehicle made with not less than 25 different bailees; or
(b)	principal contractors under contracts of carriage with not less than 25 different carriers.
S C H E D U L E	6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(2) An application referred to in subsection (1) is

made in accordance with this subsection if—

(a) it is in or to the effect of the prescribed form;

and

(b) it is signed by a majority of the members of the

governing body of the applicant group or organisation or, if there is no such governing body, by a majority of the members of the group or organisation.

(3) A group or organisation that has made an application under this section is registered when the registrar causes its name to be entered in the register of associations of employing contractors kept by him together with particulars of the class of contracts in relation to which it is registered and such other particulars as may be prescribed.

( 4 ) The commission may order cancellation of the

registration of an association of employing contractors—

(a) if it is satisfied that, throughout the period of 6

months that last preceded the day of the making of the order, the members of the association had not been parties to contracts with at least 25 different carriers, being contracts of the class in relation to which it is registered;

(b)	if it is satisfied that the group or organisation
comprising the association has ceased to exist; or

(c) for any other reason that to it seems appropriate.

S C H E D U L E 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1940,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(5 ) Where the commission makes an order referred to in subsection ( 4 ) , the registrar shall cancel the registration of the association by removing from the register of associations of employing contractors the name of the association and all entries in the register that relate to it.

91c. (1) After the expiration of the period of 12 months that next succeeds the commencement of the Industrial Arbitration (Amendment) Act, 1979, the registrar may, on application made in accordance with subsection ( 2 ) —

(a)	register as an association of contract drivers any group or organisation (including an industrial union of employees) claiming to represent not fewer than 50 bailees of public vehicles; or
(b)	register as an association of contract carriers any group or organisation (including an industrial union of employees) claiming to represent not fewer than 50 carriers each of whom is engaged in the transportation of any load, other than

passengers, under contracts of carriage.

(2) An application referred to in subsection (1)

is made in accordance with this subsection if—

(a) it is in or to the effect of the prescribed form;

and

(b) it is signed by a majority of the members of the

governing body of the applicant group or organisation or, if there is no such governing body, by a majority of the members of the group or organisation.

SCHEDULE 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(3) The registrar shall cause notice of an application referred to in subsection (1) to be published as prescribed.

( 4 ) Any person may, by notice in writing served

on the registrar within the prescribed period, object to the granting of an application referred to in subsection (1) on the ground—

(a)	that the applicant does not genuinely represent the interests under this Act of the bailees or carriers that it claims to represent; or
(b)	that the interests under this Act of bailees or carriers whom the applicant claims to represent are already represented by an association of contract drivers or an association of contract carriers.

(5 ) The registrar shall fix a time and place for the hearing by him of objections served on him under subsection ( 4 ) and shall notify the applicant and the objectors of that time and place.

(6) At the hearing of an objection served under

subsection ( 4 ) , the objector and the applicant are entitled to be heard and, after considering the evidence given and the submissions made at the hearing, the registrar shall, if he sustains the objection, refuse the application to which the objection relates.

(7) The registrar shall, in writing, notify all objectors to the granting of an application referred to in subsection ( 1 ) , and the applicant, of his decision on the objections and of his reasons for that decision.

S C H E D U L E 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

( 8 ) Whether or not an objection is made, under this section, the registrar may refuse to register an application referred to in subsection (1) on any ground on which an objection may be made to the application and shall, where he so refuses to register an application, notify the applicant in writing of his refusal and of his reasons for that refusal.

( 9 ) A group or organisation that has made an

application under this section is registered when the registrar causes its name to be entered in the register of associations of contract drivers kept by him or the register of associations of contract carriers so kept, as the case may require, together with particulars of the class of contracts in relation to which it is registered and such other particulars as may be prescribed.

(10) A branch of a group or organisation shall not be registered separately as an association under this section unless, in the opinion of the registrar, it is of sufficient importance to be so registered.

(11) The registrar may issue a certificate of

withdrawal with respect to an association of contract drivers or an association of contract carriers if he is satisfied that—

(a) an application for such a certificate has been

made in the prescribed manner;

(b)	written notice of the intention to apply for such a certificate has been given within the period and in the manner prescribed; and
(c)	such other conditions as may be prescribed have been complied with.

SCHEDULE 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(12) The commission may order cancellation of the registration of an association of contract drivers or an association of contract carriers or a particular group, class or section of such an association—

(a) if it is satisfied that the group or organisation comprising the association has ceased to exist; or

(b) for any other reason that to it seems appropriate.

(13) Where, in relation to an association of

contract drivers or an association of contract carriers—

(a)	an order has been made under subsection (12); or
(b)	a certificate of withdrawal has been issued under subsection (11) and the period of 28 days that next succeeds the issue of the certificate has expired,

the registrar shall cancel the registration of the association by removing from the relevant register the name of the association and all entries in the register that relate to it.

(14) Where the registration of an association is

cancelled under this section, the commission may cancel—

(a) any contract determination in force with respect to members of the association; or

(b) any registered agreement so in force.

(15) The commission may, upon such grounds as it thinks fit, modify or revoke the right of an association to enrol and represent, for the purposes of this Act, bailees of public vehicles or carriers.

S C H E D U L E 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1940,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

91D. The cancellation of the registration of an associa­ tion under section 91c, or the cancellation under section 91c (14) of a determination or agreement, does not operate to relieve the association or any of its members from any obligations incurred before the cancellation under the determination or agreement or under an order of the commission, a conciliation commissioner or a tribunal.

91E. (1 ) Where—

(a)	an association, whether of employing contractors,
contract drivers or contract carriers, has changed its name; or

(b) two or more such associations have amalgamated, the registrar may, on application being made to him by that association, or, as the case may be, by those amal­ gamated associations, as provided in subsection ( 2 ) , record any such change of name or amalgamation in the appropriate register or registers in such manner as he

thinks fit.

(2) An application referred to in subsection (1) shall be made in the prescribed manner, shall be in or to the effect of the prescribed form and shall be signed by a majority of the members of the governing body or bodies or committee or committees of management of the association or associations concerned.

(3 ) A recording made under subsection (1) shall be deemed to be a re-registration of the applicant associa­ tion or associations under such name as is specified in the application, but any such change of name or amalgamation

S C H E D U L E 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1940,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

does not affect any rights, liabilities or obligations of the applicant association or associations which existed immediately before the recording was made.

(4) The registrar may, in respect of an application

made under this section by an association or associations of contract drivers or contract carriers, or both, refuse the application and require the association or associations to make an application for registration under section 91c under the changed or amalgamated name.

91F. (1) On the registration of an association of employing contractors, contract drivers or contract carriers, the registrar shall issue to the association a certificate in or to the effect of the prescribed form that the association is registered as an association of employing contractors or, as the case may be, as an association of contract drivers or an association of contract carriers and the certificate shall be conclusive evidence that the requirements of this Act

by a person claiming to be the secretary of an association

as to registration have been satisfied. (2) On application being made to the registrar

of employing contractors, contract drivers or contract car­ riers, the registrar may, if he is satisfied that that person has been duly elected or appointed as the secretary of the association and that the requirements of the constitution of the association relating to that election or appointment have been complied with, issue a certificate in or to the effect of the prescribed form that that person is the secretary of an association of employing contractors, con­ tract drivers or contract carriers, as the case may be, and

S C H E D U L E 6—continued.

A M E N D M E N T S	TO	THE	INDUSTRIAL	ARBITRATION	A C T ,	1 9 4 0 ,
WITH	R E S P E C T	TO	THE	REGULATION	OF	CERTAIN

CONTRACTS—continued.

that certificate shall be admissible in evidence in any pro­ ceedings under this Act and shall be evidence that that person is the secretary of the association that is specified in the certificate.

(3) A person to whom a certificate has been issued

under subsection ( 2 ) shall, on ceasing to hold office as secretary of the association specified in the certificate, or on being requested by the registrar to do so, forthwith return the certificate to the registrar for cancellation.

( 4 ) A person who fails to comply with subsection

(3) when it is within his power to do so is guilty of an offence and is liable on conviction to a penalty not

exceeding $ 2 0 0 .

( 1 ) The registrar shall keep a register of associa­ tions of employing contractors, a register of associations of contract drivers and a register of associations of contract carriers which shall be open to inspection by any person at the office of the registrar at all times when that office

9 1 G .

is open for business.

( 2 ) The registers referred to in subsection ( 1 )

shall be kept in such form and contain such particulars as
may be prescribed.

(3 ) A certificate purporting to be under the hand of the registrar and purporting to contain a true and correct copy of a recording made in a register kept under this section is admissible in evidence in any proceedings under this Act, is evidence of the matters specified in the certificate and, until the contrary is proved, shall be deemed to be a true and correct copy of the recording.

S C H E D U L E 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

DIVISION 3.—Agreements.

91H. (1 ) An association of contract drivers may enter into an agreement in writing with a bailor of a public vehicle, or with an association of employing contractors representing bailors of public vehicles, with respect to the conditions of contracts of bailment made with that bailor or, as the case may be, bailors represented by the association.

(2) An association of contract carriers may enter into an agreement in writing with a principal contractor, or with an association of employing contractors, with respect to the conditions of contracts of a specified class made with carriers by that principal contractor or, as the case may be, with principal contractors represented by the association.

(3) Where an agreement entered into under

subsection (1) or (2) is registered and is for a term, specified in the agreement, not exceeding 5 years from the date on which it is entered into, the agreement, or the agreement as varied in accordance with this section, is binding on the parties to the agreement and, in the case of a party that is an association, on all members of the association.

( 4 ) An agreement under this section is

registered when it is filed in the office of the registrar.

S C H E D U L E 6—continued.

A M E N D M E N T S	TO	THE	INDUSTRIAL	ARBITRATION	A C T ,	1 9 4 0 ,
WITH	R E S P E C T	TO	THE	REGULATION	OF	CERTAIN

CONTRACTS—continued.

(5) An agreement that, by the operation of subsection ( 3 ) , is binding on a corporation as a member of an association of contract carriers is, except to the extent that the agreement otherwise provides, also binding on—

(a) any director of the corporation, or any member

of the family of any such director, who personally does work under a contract to which the agreement relates and to which the corporation is a party;

(b) any holder of shares in the corporation who

personally does work under any such contract where that holder, together with the members of his family, has a controlling interest in the corporation; and

(c) any member of the family of the holder of shares

in the corporation who personally does work under any such contract where that holder, together with the members of his family, has a controlling interest in the corporation.

(6) A registered agreement may be varied or

rescinded by the parties thereto by filing in the office of the
registrar written notice of the variation or rescission.

(7 ) Where a provision of a contract of a class to which a registered agreement relates is inconsistent with a provision of the agreement, the agreement prevails and the contract shall be deemed to have been varied to the extent necessary to remove the inconsistency.

S C H E D U L E 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

( 8 ) The registrar shall cause to be published in

the Gazette or in the New South Wales Industrial Gazette a copy of each registered agreement, and of each variation of such an agreement, as soon as practicable after the agreement or variation is filed in his office.

9 1 1 . A registered agreement continues in force after the

expiration of the term specified in it until varied or rescinded by the parties or by the commission or until notice of termination is given by a party to the agreement to the other party or parties and to the registrar.

DIVISION 4.—Contract Regulation	Tribunals.
9 1 J .	( 1 ) The commission may, of its own motion or on

application by an association of employing contractors, contract drivers or contract carriers, establish a contract regulation tribunal in respect of any class of contracts that are contracts to which this Part applies.

(2 ) Each tribunal shall consist of the following

members appointed by the commission :—

(a) a conciliation commissioner who shall be

chairman of the tribunal;

(b) such number of members, nominated in the prescribed manner by the prescribed person, as the commission determines, being—

(i)   where the class of contracts for which the tribunal is established is a class of contracts of bailment of a public vehicle —members representing bailors of public vehicles bailed under contracts of that class; or

S C H E D U L E 6—continued.

A M E N D M E N T S	TO	THE	INDUSTRIAL	ARBITRATION	A C T ,	1 9 4 0 ,
WITH	R E S P E C T	TO	THE	REGULATION	OF	CERTAIN

CONTRACTS—continued.

(ii)   where the class of contracts for which the tribunal is established is a class of contracts of carriage—members repre­ senting principal contractors under contracts of that class; and

(c)	an equal number of members, nominated in the
prescribed manner by the prescribed person, being—

(i)   where the class of contracts for which the tribunal is established is a class of contracts of bailment of a public vehicle —members representing bailees of public vehicles bailed under contracts of that class; or

(ii)   where the class of contracts for which the tribunal is established is a class of contracts of carriage—members repre­ senting carriers under contracts of that class.

(3) A person shall not be appointed as a member

(including a deputy or alternate member) of a tribunal

unless the commission is satisfied that h e —

(a) is or has been a party to contracts of the class

with which the tribunal is concerned; or

(b) is acquainted with conditions prevailing in

relation to contracts of that class.

(4) The commission may appoint persons, nominated in the prescribed manner by the prescribed person, to be deputy or alternate members of a tribunal, and persons so appointed shall be competent to discharge the duties of regular members of the tribunal.

SCHEDULE 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(5 ) Where no nomination has been made of a person who is willing to be a member of a tribunal to represent bailors, principal contractors, bailees or carriers, as the case may be, the commission may, subject to sub­ section ( 3 ) , appoint a person without his being nominated.

(6 ) A member of a tribunal other than the chairman is not entitled to be paid any remuneration by way of salary or fee but is entitled to be paid such travelling and subsistence allowances as the Minister may from time to time determine in respect of him.

(7 ) On appointment, a member of a tribunal shall take the prescribed oath, but where a person on appoint­ ment as a member of a tribunal has taken the prescribed oath, that person is not, on any subsequent appointment as a member of a tribunal, required to take a further oath if the oath originally taken by him was recorded by the registrar.

(8) The registrar shall keep a register in which

he shall cause to be recorded oaths taken in accordance

with subsection ( 7 ) .

(9) The commission may at any time dissolve a

tribunal.

( 1 0 ) A member of a tribunal shall hold office

until the tribunal is dissolved, the member dies or resigns or the person who nominated him notifies the registrar that the nomination is withdrawn, whichever first occurs.

SCHEDULE 6—continued.

A M E N D M E N T S	TO	THE	INDUSTRIAL	ARBITRATION	A C T ,	1 9 4 0 ,
W I T H	R E S P E C T	TO	THE	REGULATION	OF	CERTAIN

CONTRACTS—continued.

( 1 1 ) A new tribunal may be appointed to replace

a tribunal which has been dissolved or the members of

which have resigned or otherwise ceased to hold office.

( 1 2 ) On the occurrence of a vacancy in the

membership of a tribunal, the commission may appoint a duly qualified person, nominated in the prescribed manner by the prescribed person, to fill the vacancy.

( 1 3 ) A tribunal may, notwithstanding that any

person has been appointed to fill a vacancy that has occurred on the tribunal, continue the hearing and deter­ mination of any matter which it was hearing when the vacancy occurred.

( 1 4 ) On the appointment of a member to a

tribunal under this section or on the cessation of office of a member of the tribunal, the commission shall cause a notice of that appointment or cessation of office to be

published in the Gazette or in the New South Wales Industrial Gazette.

( 1 5 ) A copy of a Gazette or of a New South

Wales Industrial Gazette containing a notice of appoint­ ment purporting to have been published in accordance with subsection ( 1 4 ) is conclusive evidence that the person named in the notice has been properly appointed as a member of the tribunal specified in the notice and has, until a notice of cessation of office is published in respect of that person in accordance with that subsection, power and jurisdiction to act as a member of the tribunal and such an appointment shall not be challenged for any cause.

S C H E D U L E 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

91K. (1 ) Subject to this Act, a tribunal established for a class of contracts of bailment of a public vehicle may inquire into any matter arising under contracts of that class and may make a contract determination with respect t o —

(a)	the minimum rate of commission, expressed as a
percentage of the chargeable fares earned, which the bailor is to allow the bailee;
(b)	the amounts, if any, to be paid by the bailor

to the bailee—

(i)   as attendance money when the bailee is

required to attend at a place where the public vehicle is to be bailed to him but no such bailment takes place; and

(ii)   for special duties such as preparing and

driving a public vehicle to a registering or
licensing authority for inspection;

(c)	annual holidays, sick leave and long service leave
for the bailee or payments to the bailee instead

of any such leave;

(d)	the minimum number of hours per day, per week
or for any longer period during which the bailor is to bail the vehicle, if drivable, to the bailee;
(e)	where it is satisfied that it is imperative to do so in the interests of bailors, bailees and the public—the maximum number of hours per day, per week or for any longer period that a bailee may drive a public vehicle; and

(f) other conditions,

under contracts of that class.

SCHEDULE 6—continued.

A M E N D M E N T S	TO	THE	INDUSTRIAL	ARBITRATION	A C T ,	1940,
WITH	R E S P E C T	TO	THE	REGULATION	OF	CERTAIN

CONTRACTS—continued.

(2) Subsection (1) (a ) does not authorise a tribunal to fix penalty rates of commission in relation to excess hours of work or work on specified days but, in fixing a rate of commission under subsection (1) ( a ) , a tribunal may take into account all the circumstances in which a public vehicle is driven for reward.

(3 ) Subject to this Act, a tribunal established for a class of contracts of bailment of a public vehicle may, after inquiry, make a contract determination with respect to the reinstatement of a contract of bailment that has terminated.

91L. (1 ) Subject to this Act, a tribunal established for
a class of contracts of carriage may inquire into any matter

arising under contracts of that class and may make a

contract determination with respect to remuneration of the carrier, and any condition, under a contract of that class. (2 ) In exercising its jurisdiction under subsection

( 1 ) , a tribunal may—

(a)	include in the remuneration of persons affected by its determination such allowance instead of annual or other holidays, long service leave or sick leave as it thinks fit; or
(b)	otherwise make provision for all or any of those matters.

SCHEDULE 6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH R E S P E C T TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

91M. (1) Where application is made to a tribunal to exercise its jurisdiction under section 91K or 91L, the chairman of the tribunal shall, before the tribunal considers the application, summon to a conference with the tribunal the applicant and such other persons served with the application as he may direct.

(2) Where a person is summoned under

subsection (1) to a conference and he fails, without lawful excuse, to attend the conference in accordance with the summons, or if he leaves the conference without the consent of the chairman of the tribunal, he is guilty of an offence and liable to a penalty not exceeding $100.

(3 ) A conference under subsection (1) shall be held in private unless the tribunal otherwise directs and, at the conference, the tribunal shall—

(a)	ascertain which of the matters with which the application is concerned are in dispute and which are not;
(b)	ascertain whether there are any special circumstances or problems existing with respect to contracts of the class with which the application is concerned; and
(c)	take all reasonable steps to effect an amicable settlement of any matters in dispute.
(4 ) After conferring on an application as

provided by subsection ( 1 ) , a tribunal may—

(a) dismiss the application;

(b) proceed to hear the application or specify a time and place at which it will be heard; or

S C H E D U L E 6—continued.

AMENDMENTS TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH RESPECT TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(c) adjourn the application for such period or periods as it thinks fit.

( 5 ) Before hearing an application, a tribunal

may require service of the application on such persons as it

may direct.

( 6 ) If, at a conference held under this section,

agreement is reached on any matter, the tribunal may—

(a)	require that the agreement be reduced to writing; and
(b)	give effect to the agreement as a contract determination.

DIVISION 5.—Contract Determinations.

9 1 N . ( 1 ) After hearing an application to exercise its

jurisdiction under section 9 1 K or 9 1 L , a tribunal may—

(a) dismiss the application; or

(b) make a contract determination with respect to the application.

(2) Where a tribunal makes a contract

determination—

(a)	it may defer the operation of the determination wholly or in part for such period or periods, and subject to such conditions, as it thinks fit;
(b)	it may specify a period at the end of which the determination ceases to have effect;
S C H E D U L E	6—continued.

A M E N D M E N T S TO THE INDUSTRIAL ARBITRATION A C T , 1 9 4 0 ,

WITH RESPECT TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(c)	it shall specify the class or classes of contracts
in respect of which the determination is to operate; and
(d)	in specifying the class or classes of contracts in

respect of which the determination is to operate, it may limit its operation to contracts of that class, or those classes, made—

(i)   in the case of contracts of bailment—

with one or more named bailors; or

(ii)   in the case of contracts of carriage—with

one or more principal contractors.

91o. (1 ) In making a contract determination, a tribunal may defer operation of the determination, or any part of its operation, for such period, and subject to such conditions (if any), as it may specify.

(2 ) A tribunal may vary or rescind a contract

determination which has been made by it or its predecessor

and, where it rescinds a determination, it may replace that determination with a new determination. (3 ) When making a contract determination or at

any time after making a contract determination, a tribunal may exempt from the determination or from any part of the determination—

(a) a specified type of work done by carriers to whom

the determination applies;

(b) any group of bailees or carriers specified in the

determination either by name or by reference to the type of work done by those bailees or carriers; or

S C H E D U L E 6—continued.

AMENDMENTS TO THE INDUSTRIAL ARBITRATION A C T , 1940,

WITH RESPECT TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(c) any one or more bailors or principal contractors.

91p. (1 ) Subject to the right of appeal under this Act, and to such exemptions and conditions as the tribunal or the commission may determine and direct, a contract determination is binding on all bailors and bailees or, as the case may be, on all principal contractors and carriers, who are parties to contracts of the class to which the determination relates as the tribunal or the commission may direct and within the locality and for the period not exceeding 3 years specified therein and thereafter until varied or rescinded.

(2 ) A contract determination that is binding on a

carrier which is a corporation is, except to the extent that the determination otherwise provides, also binding on—

(a) any director of the corporation, or any member

of the family of any such director, who personally

mination relates and to which the corporation is does work under a contract to which the deter­
a party;
(b)	any holder of shares in the corporation who

personally does work under any such contract where that holder, together with the members of his family, has a controlling interest in the corporation; and

(c) any member of the family of the holder of shares

in the corporation who personally does work under any such contract where that holder, together with the members of his family, has a controlling interest in the corporation.

S C H E D U L E 6—continued.

AMENDMENTS TO THE INDUSTRIAL ARBITRATION A C T , 1940,

WITH RESPECT TO THE REGULATION OF CERTAIN

CONTRACTS—continued.

(3) Where a provision of a contract of a class to which a contract determination relates is inconsistent with a provision of the determination, the determination prevails and the contract shall be deemed to have been varied to the extent necessary to remove the inconsistency.

91Q. A tribunal may, in its discretion, direct that a con­ tract determination made by it shall take effect on and from a specified day that is subsequent to the lodging with the registrar of the application for the determination, but the determination shall not become operative or enforceable as a contract determination until 14 days after publication in the Gazette.

91R. (1) A tribunal may inquire into any contract which could result in the transportation of any load, other than passengers, by motor lorry and may, after such an inquiry, declare that, in the opinion of the tribunal—

(a)	the contract was entered into for the purpose of
defeating, evading or avoiding the provisions of

this Act relating to contracts of carriage; and

(b) but for being entered into for that purpose the

contract would have been a contract of carriage.

(2) Where a declaration is made under subsection (1) or a like declaration is made by the commission, the contract to which the declaration relates is, for the purposes of this Act, a contract of carriage.

67880G-34

S C H E D U L E 7 .

AMENDMENTS TO PART LX OF THE INDUSTRIAL ARBITRATION

A C T , 1 9 4 0 .

( 1 ) Part IX, heading—

After "AWARDS", insert "AND CONTRACT DETER­

MINATIONS".

( 2 ) Sections 9 2 B , 9 2 C —

After section 9 2 A , insert:—

9 2 B . ( 1 ) Where a contract determination or agreement

registered under Part V I I I A applies to a contract of bailment of a public vehicle, the bailor shall pay to the bailee in full in money, or permit the bailee to retain from money that would otherwise be payable to the bailor, without any deduction not authorised by the determination or agreement, all commission and other payments due to the bailee under the contract in accordance with the determination or agreement.

( 2 ) Where a contract determination or agreement

registered under Part V I I I A applies to a contract of carriage, the principal contractor under the contract shall

pay to the carrier under the contract in full in money or,	with the consent of the carrier, by cheque all remuneration
due to the carrier under the contract in accordance with the determination or agreement.
(3) A bailee under a contract of bailment of a public vehicle to which a contract agreement or determination under Part V I I I A applies may apply in the prescribed manner to an industrial magistrate for an order directing the bailor to pay to the bailee the amount, or the balance of the amount, due to the bailee under subsection
( 1 ) .
S C H E D U L E	1—continued.

AMENDMENTS TO PART I X OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

( 4 ) A carrier under a contract of carriage to

which a contract determination or agreement registered under Part V I I I A applies may apply in the prescribed manner to an industrial magistrate for an order directing the principal contractor under the contract to pay to the carrier the amount, or the balance of the amount, due to the carrier under subsection ( 2 ) .

( 5 ) The bailor under a contract of bailment of a

public vehicle to which a contract determination or agree­ ment registered under Part V I I I A applies may apply in the prescribed manner to an industrial magistrate for an order directing the bailee under the contract to pay to the bailor any amount, or the balance of any amount, that, pursuant to the contract, was payable to the bailor.

(6 ) An application under this section may not be

made in respect of any money payable, or failure to bail a public vehicle occurring, under a contract where the money was payable, or the failure occurred, earlier than

12 months after—

(a) the date of the application; or

(b) if the contract was terminated before that date

—the date of termination of the contract.

( 7 ) In proceedings under this section, an indus­

trial magistrate may make any order he thinks just, may award costs to either party and may assess the amount of those costs and he may, if it appears to him that a breach of section 9 3 has been committed, impose any penalty that he might have imposed in proceedings under section

SCHEDULE 7—continued.

AMENDMENTS TO PART IX OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(8 ) A person entitled to apply for an order for the payment of money under this section may, instead of applying for such an order, recover the money as a debt in a court of competent jurisdiction but any person aggrieved by any judgment or order of a court made pursuant to this subsection may appeal, as prescribed, to the commission which may on hearing the appeal, exercise the same powers as it has under section 92 (3) in relation to a judgment or order of a court.

(9) A person may take proceedings under this section and recover any money due, and costs, notwith­ standing that, when the money became due he was, or when the proceedings are instituted he is, under the age of 18 years.

(10) Where money is due to a bailee or carrier in respect of a contract of bailment of a public vehicle, or a contract of carriage, that has been terminated and the bailor or principal contractor under the contract has been unable during the period of 30 days after termination of the contract to pay the money to the bailee or carrier

because his whereabouts are unknown and he cannot with	reasonable diligence be found, the bailor or principal con­
tractor, as the case may be, shall forthwith pay the money to the Under Secretary, Department of Industrial Relations and Technology, to be held by him in trust for the bailee or carrier or, if he still holds the money after the expiration of 2 years after termination of the contract, to be paid by him to the Special Deposits Account referred to in section 5 of the Audit Act, 1902.
(11) Payment by a bailor or principal contractor of an amount in accordance with subsection (10) is a sufficient discharge to him for that amount.
S C H E D U L E 1—continued.

AMENDMENTS TO PART D C OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(12) An order may be made under this section notwithstanding a prior acceptance of an amount smaller than the amount for which an order could be made and notwithstanding any express or implied agreement to the contrary.

(13) A bailor or principal contractor who fails to make a payment that he is, by subsection ( 9 ) , required to make is liable to a penalty not exceeding $100.

92c . (1 ) Proceedings that may be taken by a bailee under section 92B may, instead of being taken by the bailee, be taken in the name of the bailee and on his behalf by the secretary or other officer of an association of contract drivers registered under Part V I I I A .

(2 ) Proceedings that may be taken by a carrier under section 92B may, instead of being taken by the carrier, be taken—

(a)	with the consent of the carrier—in the name of the carrier and on his behalf by the secretary or other officer of an association of contract
carriers registered under Part V I I I A ;
(b)	where the carrier is a partnerships—by any partner in his own name for the benefit of the partnership; and

(c) where the carrier is a corporation—

(i)   in his own name by a director of the

corporation; or

(ii)    in his own name by a shareholder in the

corporation referred to in section 5 (3A)

(C) ( i i ) ,

for the benefit of the corporation.

SCHEDULE 1—continued.

AMENDMENTS TO PART I X OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(3 ) Subsections (1) and (2) do not authorise the taking of proceedings by more than one person in respect of the same amount sought to be recovered and, where proceedings are so taken, the court may order that any of those proceedings be stayed, or dismissed, on such terms as the court thinks fit.

(4 ) Any amount ordered to be paid as a result of proceedings taken in accordance with this section shall, after deducting any costs properly incurred in connection with the proceedings and not paid by the bailor or principal contractor, be paid—

(a)	where the proceedings were taken in accordance with subsection (1 )—to the secretary or other officer who took the proceedings; or
(b)	where the proceedings were taken in accordance with subsection (2 )—to the person in whose name the proceedings were taken,

to be held by him on trust for the person by whom, but

for this section, the proceedings would have been taken.

(5) Where money is paid to a person pursuant to

subsection ( 4 ) , his receipt is a sufficient discharge for the

amount paid.

(3) (a) Section 93 ( 1 ) —

Omit "or a breach of an industrial agreement", insert instead "industrial agreement, contract determination or agreement registered under Part VIIIA".

(b) Section 93 ( 2 ) —

After "penalty", insert "in relation to a breach of an award or industrial agreement".

SCHEDULE 1—continued.

AMENDMENTS TO PART I X OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(c) Section 93 (2A) , ( 2 B ) —

After section 93 ( 2 ) , insert:—

(2A) Where, in proceedings under subsection (1) for a breach of a contract determination or an agree­ ment registered under Part V I I I A it appears that the breach complained of relates to the failure of the defendant to pay any money that may be recovered under section 92B, the industrial magistrate may also make such an order with respect to that money as he might have made in proceedings under section 92B.

(2B) An order under subsection (2A) for the payment of money may be made without motion and operates as a bar to recovery of the money under section 92B.

(d) Section 93 ( 3 ) —

Omit "or industrial agreement", insert instead ", industrial agreement, contract determination or agreement registered under Part V I I I A , as the case may be".

(e) Section 93 ( 4 A ) —

After section 93 ( 4 ) , insert:—

(4A) Proceedings for a breach of a contract

determination or agreement registered under Part

V I I I A may be taken by the Minister, a bailor under a

contract of bailment of a public vehicle, a principal contractor under a contract of carriage or the secretary of an association registered under Part V I I I A and an industrial magistrate may, in any such proceedings, award costs to either party and assess those costs according to a scale fixed by the commission.

SCHEDULE 7—continued.

AMENDMENTS TO PART I X OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(f) Section 93 ( 5 ) —

After "92,", insert "92B,".

(4 ) (a) Section 93A ( 1 ) —

After "92", insert ", section 92B".

(b) Section 93A ( 1 ) —

After "employer", insert "or principal contractor".

(5) (a) Section 9 4 —

After "employees", insert ", association of employing contractors, association of contract drivers or association of contract carriers".

(b) Section 9 4 —

After "union" where secondly occurring, insert "or
association".
(c)	Section 9 4 —

After "agreement", insert ", or a breach of a contract determination or an agreement registered under Part

VIIIA ," .

(6) (a) Section 96 ( 1 A ) —

After "(1)", insert "or ( 2 B ) . "

SCHEDULE 7—continued.

AMENDMENTS TO PART I X OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(b) Section 96 (2A) , ( 2 B ) —

After section 96 ( 2 ) , insert:—

(2A) Such daily or other periodic records as may be prescribed shall be kept by—

(a)	the bailor of a public vehicle under a contract of bailment to which a contract determination, or an agreement registered
under Part V I I I A , applies; and

(b)

in such manner as may be prescribed or approved by
the commission.

the principal contractor under a contract of carriage to which such a determination or agreement applies,

(2B) A bailor or principal contractor who fails to comply with subsection (2A) is liable to a penalty not exceeding $40 in the case of a first offence or $100 in the case of a second or subsequent offence.

(7) (a) Section 96A ( 1 ) —

After "92,", insert "section 92B,".

(b) Section 96A ( 1 ) —

Omit "or industrial agreement" wherever occurring, insert instead ", industrial agreement, contract determination or agreement registered under Part

VIIIA".

(c) Section 96A ( 1 ) —

After "award" where thirdly occurring, insert ", determination".

SCHEDULE 1—continued.

AMENDMENTS TO PART LX OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(d) Section 96A ( 1 ) —

After "employer" wherever occurring, insert	bailor
or principal contractor, as the case may be,".

SCHEDULE 8 .

AMENDMENTS TO PART X I I OF THE INDUSTRIAL ARBITRATION

A C T , 1 9 4 0 .

( 1 ) Section 1 1 8 , short heading—

After "unions", insert "and associations".

( 2 ) (a) Section 1 1 8 —

After "union" where firstly occurring, insert ", association of employing contractors, association of contract drivers or association of contract carriers".

(b) Section 1 1 8 —

After "union" where secondly occurring, insert "or association".

(3) (a) Section 119 ( 1 ) —

After "92,", insert "92B,".

(b) Section 119 (1)-

Omit "or union" wherever occurring, insert instead
", union or association".

SCHEDULE 8—continued.

AMENDMENTS TO PART XII OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

( 4 ) (a) Section 1 2 2 —

After "union" where firstly occurring, insert "or an association registered under Part VIIIA".

(b) Section 1 2 2 —

After "union" where secondly occurring, insert "or association".

(5 ) Section 124—

After "committee", insert ", a tribunal".

( 6 ) (a) Section 1 2 7 ( 1 A ) —

After section 1 2 7 ( 1 ) , insert:—

( 1 A ) In addition to the powers and duties conferred

or imposed by or under subsection ( 1 ) , an inspector

may—

(a)	at any reasonable time inspect the premises of a bailor under a contract of bailment of a public vehicle or of a principal contractor under a contract of carriage, being premises at which any obligation under the contract is incurred or performed;
(b)	at any reasonable time require such a bailor or principal contractor to produce for his examination the records of the bailor or principal contractor referred to in section

9 6    (2A);

SCHEDULE 8—continued.

AMENDMENTS TO PART X I I OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(c)	at any reasonable time examine any bailee or carrier under such a contract with respect to payments made under the contract to him by, or by him to, the bailor or principal contractor and his hours of work as a bailee or carrier under the contract; or
(d)	on obtaining the authority of the Minister, institute proceedings for a penalty under section 93.

(b) Section 127 ( 2 ) —

After "employed", insert ", or a business which involves entering into contracts of bailment of a public vehicle or contracts of carriage,".

(c) Section 127 ( 3 ) —

Omit "or pay-sheets", insert instead ", pay-sheets or records".

(7 ) (a) Section 128— After "committee" wherever occurring, insert "or tribunal".

(b) Section 128—

After "industry", insert ", or any premises of a bailor or principal contractor,".

( 8 ) ( a ) Section 129 (1)-

After "committee", insert "or a tribunal".

SCHEDULE 8—continued.

AMENDMENTS TO PART XII OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(b) Section 129 ( 1 ) —

After "award", insert "or contract determination".

(c) Section 129 ( 1 ) —

Omit "or document", insert instead ", document or other record".

(d) Section 129 ( 2 ) —

After "employed", insert ", or a business which involves entering into contracts of bailment of a public vehicle or contracts of carriage,".

(9) Section 129A ( 6 ) —

After section 129A ( 5 ) , insert :—

(6) This section applies to and in respect of an officer of an association of contract drivers, and an officer of an association of contract carriers, in the same way as it applies to and in respect of an officer of an industrial union of employees, and it so applies as if in this section—
(a)	a reference to members of the industrial union or persons in the same calling were a reference to members of the association or persons who are bailees or carriers under contracts of the same class as those members;
(b)	a reference to employees were a reference to those members, bailees and carriers;

SCHEDULE 8—continued.

AMENDMENTS TO PART X I I OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(c)	a reference to an award or industrial agreement in force in relation to an industry were a reference to a contract determination, or an agreement registered under Part V I I I A , in force in relation to a class of contracts;
(d)	a reference to employees engaged in an industry were a reference to bailees of public vehicles and carriers;
(e)	a reference to an employer engaged in an industry were a reference to a bailor of a public vehicle or a principal contractor under a contract of carriage, as the case may require;
(f)	a reference to time and pay sheets were a reference to records referred to in section 127 (1A) (b) ; and
(g)	a reference to some manufacture or trade in which labour is employed were a reference to a business which involves entering into contracts of bailment of a public vehicle or contracts of carriage.

(10) (a) Section 130 ( 1 ) — After "committee" wherever occurring, insert "or tribunal".

(b) Section 130 (1) ( c ) —

After "award", insert "or by a principal contractor of a contract determination".

(c) Section 130 (1) ( e ) —

After "industry,", insert "or for the purposes of a contract to which Part V I I I A applies,".

SCHEDULE 8—continued.

AMENDMENTS TO PART XII OF THE INDUSTRIAL ARBITRATION

A C T , 1940—continued.

(d) Section 130 (1) ( j ) —

After "unions", insert ", associations of employing contractors, associations of contract drivers and associations of contract carriers".

SCHEDULE 9.

AMENDMENTS TO THE INDUSTRIAL ARBITRATION A C T , 1940, BY

WAY OF STATUTE LAW REVISION.

(1 ) (a) Section 5 ( 1 ) , definition of "Metropolitan district

court"—

Omit the definition.

(b) Section 5 ( 1 ) , definition of "Trade union"—

Omit "— 1936".

(c) Section 5 ( 1 ) , definition of "Under Secretary"—

Omit "Labour and Industry", insert instead "Industrial

Relations and Technology".

(2 ) (a) Section 15 (5) ( a ) —

Omit the paragraph, insert instead :—

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration, allowances or estate for their benefit;

SCHEDULE 9—continued.

AMENDMENTS TO THE INDUSTRIAL ARBITRATION ACT, 1940,

BY WAY OF STATUTE LAW REVISION—continued.

(b) Section 15 (5) ( c ) —

Omit the paragraph, insert instead : —

(c) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;

(3) Section 20 ( 1 A ) —

Omit "paragraphs", insert instead "subsection (1)".

(4) Section 35 ( 3 ) —

Omit "sittings", insert instead "sitting".

(5)	Section 3 8 —
Omit "—1934".
(6)	Section 89 ( 1 ) —
Omit "Division 2A of Part II of the Factories and Shops Act, 1912-1957", insert instead "Part VII of the Factories, Shops and Industries Act, 1962".
(7)	Section 92 ( 6 A ) —
Omit ", as amended by subsequent Acts".
SCHEDULE 9—continued.

AMENDMENTS TO THE INDUSTRIAL ARBITRATION A C T , 1940,

BY WAY OF STATUTE LAW REVISION—continued.

(8)	Section 119 ( 1 ) —
Omit "in the district court or court of petty sessions named in such order, or if no such court is so named, in the metropolitan district court at the suit of the Crown or person or union respectively,", insert instead "in a court competent to give judgment for a debt of an amount equal to that amount, being a judgment in favour of the person who obtained the order and".
(9)	(a) Section 120 ( 3 ) —

Omit "and any Act amending the same,".

(b) Section 120 ( 3 ) —

Omit "a court of quarter sessions", insert instead "the

District Court".

(10) (a) Section 121—

Omit", police,".

(b) Section 121—

Omit "— 1940".

(11) (a) Section 123 (1A) ( b ) —

Omit "— 1947".

(b) Section 123 ( 2 ) —

Omit "in the district court or court of petty sessions named in the order, or if no such court is so named, then in the metropolitan district court, at the suit of

S C H E D U L E 9—continued.

AMENDMENTS TO THE INDUSTRIAL ARBITRATION A C T , 1940,

BY WAY OF STATUTE LAW REVISION—continued.

the person in whose favour such order is made,", insert instead "in a court competent to give judgment for a debt of an amount equal to that amount, being a judgment in favour of the person who obtained the order and".

(12) Section 126 ( 1 ) —

Omit "police", insert instead "stipendiary".

(13) (a) Section 130 ( 2 ) —

Omit the subsection, insert instead :—

(2) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this Act as if this Act had been passed after the commence­ ment of the Interpretation (Amendment) Act, 1969.

(b) Section 130 ( 3 ) —

Omit the subsection.

S C H E D U L E 10.

REGISTRATION OF CERTAIN ASSOCIATIONS OF CONTRACT DRIVERS AND

CONTRACT CARRIERS.

PART 1.

Preliminary.

1. In this Schedule, "Principal Act" means the Industrial Arbitration Act,

1940, as amended by this Act.

S C H E D U L E 10—continued.

REGISTRATION OF CERTAIN ASSOCIATIONS OF CONTRACT DRIVERS AND

CONTRACT CARRIERS—continued.

2. Expressions used in this Schedule have the same meanings as they

have in the Principal Act.

3. This Schedule ceases to have effect on the expiration of the period of

12 months that commences on the commencement of this Act but—

(a)	anything done pursuant to this Schedule has effect, and continues to have effect, as if it had been duly done under the Principal Act; and
(b)	any membership continued under this Schedule shall be deemed to have been duly continued under the Principal Act.

PART 2.

Associations of Contract Drivers.

3. Upon application made to the registrar by the industrial union known as the Transport Workers' Union of Australia, N e w South Wales Branch, in the manner and form prescribed by or under the Principal Act in respect of an application for registration as an association of contract drivers, the registrar—

(a)	shall approve such alteration of the rules of that industrial union as would enable it to be registered under the Principal Act as an association of contract drivers to represent bailees of public
vehicles; and
(b)	shall so register that industrial union by entering its name in the register of associations of contract drivers to be kept by him, together with such particulars as may be prescribed by or under the Principal Act.

4. Where, immediately before the adoption by the industrial union referred to in clause 3 of an alteration of rules referred to in clause 3 ( a ) , a member of that industrial union was a bailee of a public vehicle, he continues after the adoption of the rule as a member of that industrial union until his membership is lawfully terminated notwithstanding that, by virtue of the amendments made by this Act, his membership would, but for this clause, have ceased.

S C H E D U L E 10—continued.

REGISTRATION OF CERTAIN ASSOCIATIONS OF CONTRACT DRIVERS AND

CONTRACT CARRIERS—continued.

PART 3.

Associations of Contract Carriers.

5. Upon application made to the registrar by an industrial union specified in abbreviated form in the first column of the Table to Part 4 of this Schedule in the manner and form prescribed by or under the Principal Act in respect of an application for registration as an association of contract carriers, the registrar—

(a)

shall approve such alteration of the rules of that industrial union as would enable it to be registered under the Principal Act as an association of contract carriers to represent carriers having with principal contractors contracts of the class specified opposite the abbreviated name of that industrial union in the second column of the Table to Part 4, subject to any qualification specified in the third column of the Table to Part 4; and

(b)

shall so register that industrial union by entering its name in the register of associations of contract carriers to be kept by him, together with such particulars as may be prescribed by or under the Principal Act.

6. Where, immediately before the adoption by an industrial union
specified in abbreviated form in the first column of the Table to Part 4 of

this Schedule of an alteration of its rules referred to in clause 5 ( a ) , a

member of that industrial union was a carrier, he continues after the adoption of the rule as a member of that industrial union until his
membership is lawfully terminated notwithstanding that, by virtue of the

amendments made by this Act, his membership would, but for this clause,

have ceased.

PART 4.

Industrial Unions to he Registered as Associations of Contract Carriers.

7.   In the Table to this Part of this Schedule—

"B.C.A." means the Brick Carriers' Association;

S C H E D U L E 10—cont inued.

REGISTRATION OF CERTAIN ASSOCIATIONS OF CONTRACT DRIVERS AND

CONTRACT CARRIERS—continued.

"L.D.R.T.A." means The Long Distance Road Transport Association

of Australia;

"M.M.A." means The Federated Mining Mechanics' Association of Australasia, N e w South Wales Branch;

"R.T.A." means the N e w South Wales Road Transport Association;

"T.W.U." means the Transport Workers' Union of Australia, N e w South Wales Branch.

T A B L E

First Second Column Third Column

Column

T.W.U. . . Retail Deliveries

T.W.U.	. . Ready-Mixed Concrete Delivery
T.W.U.	. . Local General Cartage—Metro­

politan and Country.

T.W.U.	. .	Intrastate Haulage
T.W.U.	. .	Interstate Haulage

T.W.U. . . Blue Metal and Gravel Cartage.. T.W.U. . . Excavation, Earthmoving and

Muck Cartage.

T.W.U.	. .	Sand Cartage
T.W.U.	. .	Liquor Cartage
T.W.U.	. .	Wholesale Egg Deliveries
T.W.U.	. .	Furniture Removal

T.W.U.	. . Coal Haulage	Coal Haulage	Subject to M.M.A. representing exclusively at Ravensworth and elsewhere in coal haulage where it is exclusively representing carriers at the commencement of this Act and subject to R.T.A. having equal rights with T.W.U. in Burragorang Valley.
T.W.U.	. .	Newspaper Cartage	Except in the case of carriers used by John Fairfax and Sons Pty. Ltd. for the delivery of the Sydney Morning Herald and the Sun-Herald.

T.W.U. . . Contracts with Government

Authorities.

T.W.U. . . Contracts with Local Govern­

ment Authorities.

S C H E D U L E 10—cont inued.

REGISTRATION OF CERTAIN ASSOCIATIONS OF CONTRACT DRIVERS AND

CONTRACT CARRIERS—continued.

First	Second Column	Third Column
Column

T.W.U. . . Any class of contracts not Subject to the right of any other specified in this column. specified in this column. organisation to establish that, because of representation by it of carriers before the commencement of this Act, it should be given the exclusive right, or equal right with T.W.U., to represent carriers in the case of a particular class of contracts.

L.D.R.T.A. Intrastate Haulage L.D.R.T.A. Interstate Haulage

R.T.A.	. .	Newspaper Cartage
Newspaper Cartage Only in the case of carriers used by John Fairfax and Sons Pty. Ltd. for the delivery of the Sydney Morning Herald and the Sun- Herald.
R.T.A.	. .	Furniture Removal
B.CA.	. .	Brick Cartage

S C H E D U L E 1 1 .

TRANSITIONAL PROVISION.

1 . In this Schedule "Principal Act" means the Industrial Arbitration

Act, 1 9 4 0 , as amended by this Act.

2. Expressions used in this Schedule have the same meanings as they

have in the Principal Act.

S C H E D U L E 11—continued.

TRANSITIONAL PROVISION—continued.

3. Where a tribunal has not been established under the Principal Act in respect of—

(a) a particular class of contracts of bailment of a public vehicle; or

(b) a particular class of contracts of carriage,

the powers and jurisdiction conferred on a tribunal by the Principal Act may, pending the establishment of a tribunal for that class of contracts, be exercised in relation to that class by a conciliation commissioner.