Industrial Arbitration (Further Amendment) Act 1971 (NSW)

INDUSTRIAL ARBITRATION (FURTHER

AMENDMENT) ACT.

ANNO VICESIMO

ELIZABETHS II BEGINS

Act No. 67, 1971.

An Act to provide for cancellation of registration of industrial unions of employees in certain circum­ stances; to increase penalties for lock-outs and illegal strikes; for these and other purposes to amend the Industrial Arbitration Act, 1940; and for purposes connected therewith. [Assented to, 21st December, 1971.] BE

| 3 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. (1) This Act may be cited as the "Industrial

Arbitration (Further Amendment) Act, 1971".

(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

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

(a) (i) by omitting from subsection eight of section

eight the following words :—

: Provided that, save where otherwise mentioned in this Act, such cancellation shall not relieve the industrial union or any member thereof from the obligation of any award or industrial agreement, award or apprenticeship agreement under the Apprentices Act, 1969, or order of the commission, or a conciliation commissioner, or a committee or an

apprenticeship committee established

under that Act or from any penalty or

liability incurred prior to such cancel­

lation :

Provided further that nothing in this subsection shall be construed as empow­ ering the commission to cancel the registration of any industrial union on the ground that such industrial union is instigating to or aiding any other union

or

or any of its members in a lock-out or strike for which such other union or any of its members are liable to a penalty under this Act;

(ii)   by inserting at the end of the same subsection the following new paragraph :—

The power conferred on the commission by this subsection does not extend to empowering the commission to cancel the registration of an industrial union in circumstances in which the industrial union is liable to have its registration cancelled under section 8A of this Act.

(iii)   by inserting next after the same section the following new sections :—

8A. (1) In this section—

"essential service industry" means an
industry, any employees in which are

employed in or in connection with—

(a) the conduct of, or the supply of fuel or any other commodity or any services necessary for the conduct of, any public transport

services or undertaking;

(b)	the conduct of any under­ taking for the supply of electricity, water or gas to the public;
(c)	the provision of sewerage or drainage services;

(d)

(d) the removal of garbage or nightsoil;

(e) the provision of fire-

fighting services; or

(f) the conduct of prisons,

and includes any other industry which the Governor, by order published in the Gazette, declares to be an essential service industry;

"industrial dispute" means any question, dispute or difficulty of the nature referred to in paragraph (a), (b) or (c) of subsection one of section twenty-five of this Act;

"no-strike order", in relation to an indus­ trial union of employees, means an order made by the commission or a conciliation commissioner that or to the effect that a strike should cease or not take place and directed to that industrial union or to any of the members, or the executive, of that industrial union.

(2) Subject to section 8B of this Act, the commission shall, upon application made in accordance with subsection three of this section, cancel the registration of an industrial

union of employees—

(a) if the commission is satisfied that any of the members (in this paragraph referred to as "striking members") of that industrial union are, at the time the application is made, or were, at any time within fourteen days before the application is made,

taking

taking part in or aiding or abetting an illegal strike in an essential service industry, unless that indus­ trial union satisfies the com­ mission—

(i)   that the executive of that industrial union has, at a meeting of its members or of those striking members or by means of an announcement made in a

newspaper circulating

throughout New South Wales or made by radio or television or by any other means that the

commission considers

reasonable, directed those striking members not to take part in or continue to take part in or to aid or abet that illegal strike;

(ii)   that the executive of that industrial union has not, in any manner, aided,

abetted or encouraged

those striking members to take part in or continue to take part in or to aid or abet that illegal strike;

and

(iii)   that the executive of that industrial union has, by enforcement of the rules of that industrial union and by any other means reasonable in the circum­ stances, endeavoured to

prevent

prevent those striking

members from taking part in or continuing to take part in or aiding or abetting that illegal strike;

(b)	if the commission is satisfied that the executive, or any member of the executive, of that industrial union is, at the time the application is made or, was, at any time within fourteen days before the application is made, aiding or abetting an illegal strike in an essential service industry by members of another industrial union of employees;
(c)	if the commission is satisfied that, during the period of twelve months next preceding the time the applica­ tion is made, three or more no-strike orders in relation to that industrial union were not complied with;
(d)	if the commission is satisfied that, during the period of twelve months next preceding the time the applica­ tion is made, an illegal strike or illegal strikes by any of the members of that industrial union took place after a no-strike order or no-strike

orders in relation to that industrial union had been made in respect of

that illegal strike or those illegal

strikes and that as a result of that illegal strike or those illegal strikes the welfare of the public or of employees, not being members of that industrial union, was seriously affected for a protracted period;

(c)

(e)	if the commission is satisfied that, during the period of twelve months next preceding the time the applica­ tion is made, the executive, or any member of the executive, of that industrial union has, directly or indirectly, in connection with or in the course of an industrial dispute,
counselled, advised, encouraged,

threatened, aided or abetted the use of violence or threats of violence to persons or damage or threats of damage to property; or

(f) if the commission is satisfied that, during the period of twelve months next preceding the time the applica­ tion is made, there has been an illegal strike by any of the members of that industrial union, or a threat by the executive, or any member of the executive, of that industrial union of a strike, which, if commenced, would have been an illegal strike, with a view to compel­ ling an employer to dismiss from employment or injure an employee in his employment or with a view to compelling an employer to disadvantage an employee unfairly in his employment.

(3) An application under subsection two of this section may be made by the Crown, by an employer who at the time the application is made is employing employees who are members of the industrial union in respect of which the application is made or by an industrial union of employers.

8B.

8B. (1) The commission, instead of can­ celling the registration of an industrial union under subsection eight of section eight, or

under subsection two of section 8A, of this Act,

may, where it is satisfied that the liability of the industrial union to have its registration cancelled arises by reason or mainly by reason of the conduct of a particular group, class, section or description of members of that industrial union, order that the rules of that industrial union be amended as on and from the date of the order or a later date specified therein and in such manner as may be specified therein, so as to exclude from eligibility for membership of that industrial union persons belonging to that group, class or section or of that description.

(2) The commission, instead of can­ celling the registration of an industrial union under subsection eight of section eight, or

under subsection two of section 8A, of this Act

or making an order under subsection one of this section, may, where it is satisfied that by reason of the previous conduct of the execu­ tive and members of that industrial union and any other matters that to the commission seem relevant it is appropriate to do so, order that industrial union to pay a penalty not exceeding four thousand dollars.

(3) Where an order referred to in subsection one of this section is made in respect of an industrial union of employees, the rules of that industrial union shall be deemed to be amended as on and from the date and in the manner specified in the order.

(4)

(4) The commission may—

(a) cancel any award or industrial agree­ ment, or award or apprenticeship agreement under the Apprentices Act, 1969, relating to any industrial union whose registration as an industrial union of employees has been cancelled pursuant to subsec­ tion eight of section eight, or sub­

section two of section 8A, of this Act,

or relating to the members thereof; or
(b)	cancel any award or industrial agreement, or award or apprentice­ ship agreement under the Appren­ tices Act, 1969, in so far as it relates to members of an industrial union in respect of which an order has been made under subsection one of this section.

(5) The cancellation of the registra­ tion of any industrial union pursuant to sub­ section eight of section eight, or subsection

two of section 8A, of this Act, the making of an

order under subsection one of this section, or the cancellation or partial cancellation of any award or industrial agreement or award or apprenticeship agreement under the Appren­ tices Act, 1969, pursuant to subsection four

of this section shall not relieve that industrial union or any member thereof from the obli­	gation of any award or industrial agreement,
or award or apprenticeship agreement under the Apprentices Act, 1969, or order of the commission, or a conciliation commissioner, or a committee or an apprenticeship committee established under that Act, or from any penalty or liability incurred prior to such cancellation or partial cancellation.

(b)

(b)	by omitting from paragraph (e) of subsection one of section 30B the words ", section one hundred and one excepted";
(c)	by omitting from section ninety-eight the words "two thousand dollars" and by inserting in lieu thereof the words "four thousand dollars";
(d)	by omitting from section one hundred the words "one thousand dollars" and by inserting in lieu thereof the words "four thousand dollars";
(e)	by omitting section one hundred and one and by inserting in lieu thereof the following section :—

101. No proceedings for an order under section one hundred of this Act shall be commenced after the expiration of fourteen days from the cessation of the strike to which the proceedings refer.

BROKEN