National Security (Coal Mining Industry Employment) Regulations (Amendment) (Amendment) (Cth)

STATUTORY RULES.

1941. No. 281.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this third day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State for Defence Co-ordination.

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Amendments of the National Security (Coal Mining Industry Employment) Regulations.

Amendment of Statutory Rules 1941, No. 262.

1. Statutory Rules 1941, No. 262, are amended by omitting the words “Industrial Disputes” and inserting in their stead the words “industrial dispute”.

Definitions.

2. Regulation 4 of the National Security (Coal Mining Industry Employment) Regulations is amended—

(a) by inserting after the definition of “Coal Mining Industry” the following definitions:—

“‘Conciliation Commissioner’ means a Conciliation Commissioner appointed in pursuance of the Act or of the Act as applied and construed by the National Security (Industrial Peace) Regulations;

‘decision’, in relation to a Local Reference Board, includes an award or order made by the Board;”; and

 

* Notified in the Commonwealth Gazette on 3rd December, 1941.

  Statutory Rules 1941, No. 25, as amended by Statutory Rules 1941, Nos. 38, 159, 212, 262 and 270.

7790.—Price 3d.

 

(b) by inserting after the definition of “industrial dispute” the following definition:—

“‘local matter’ means any matter howsoever arising which specially affects employees in the Coal Mining Industry employed in the locality in respect of which a Local Reference Board is established;”.

Constitution of Board for exercise of its powers.

3. Regulation 6 of the National Security (Coal Mining Industry Employment) Regulations is amended by inserting in sub-regulation (1a.), after the word “Court”, the words “or, if a Judge of the Court is not available, a Conciliation Commissioner,”.

Powers of Central Reference Board.

4. Regulation 8 of the National Security (Coal Mining Industry Employment) Regulations is amended by inserting after sub-regulation (4.) the following sub-regulation:—

“(4a.) The Central Reference Board shall not exercise, with respect to any matter which it determines is a local matter, any of the powers conferred by this regulation, but shall refer that local matter to the appropriate Local Reference Board for settlement.”.

Establishment of Local Reference Boards.

5. Regulation 11 of the National Security (Coal Mining Industry Employment) Regulations is amended by omitting from sub-regulation (2.) the words “, subject to the directions of the Central Reference Board,”.

Appointment of Local Reference Boards.

6. Regulation 12 of the National Security (Coal Mining Industry Employment) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) The conditions of employment (other than as to tenure of office) of the Chairmen of Local Reference Boards shall be such as the Minister, by order, determines.”.

7. Regulation 14 of the National Security (Coal Mining Industry Employment) Regulations is repealed and the following regulation inserted in its stead:—

Cognizance of disputes.

“14.—(1.) Subject to these Regulations, a Local Reference Board shall have power—

(a) to settle disputes as to any local matters likely to affect the amicable relations of employers and employees in the Coal Mining Industry;

(b) to investigate and report upon any industrial dispute or matter or part thereof referred to it by the Central Reference Board;

(c) to settle any industrial dispute or matter or part thereof referred to it by the Central Reference Board for settlement; and

(d)to inquire into and report to the Central Reference Board on subject matters not covered by any award of the Court or award or order of the Central Reference Board.

 

“(2.) If any industrial dispute or matter affecting persons outside the limits of power of a Local Reference Board, not being a matter, or an industrial dispute with respect to a matter, determined by the Central Reference Board to be a local matter, is referred to or brought before it, the Chairman shall refer the industrial dispute or matter to the Central Reference Board.

“(3.) At any time before a decision has been made, or a settlement has been effected, by a Local Reference Board in relation to any matter before it in pursuance of paragraph (a)of sub-regulation (1.) of this regulation, the Chairman of the Local Reference Board may, if he thinks fit, and, on the application of any member of the Local Reference Board representative of employers or of employees, shall, request the Central Reference Board to determine whether any of the matters in dispute is or is not a local matter.

“(4.) A determination made by the Central Reference Board in pursuance of a request made under the last preceding sub-regulation shall be binding upon the Local Reference Board, and any decision of, or settlement effected by, the Local Reference Board inconsistent with that determination may, upon the application of any member of the Local Reference Board representative of employers or of employees, be set aside or varied by the Central Reference Board.”.

8. Regulation 16 of the National Security (Coal Mining Industry Employment) Regulations is repealed and the following regulation inserted in its stead:—

Review of decisions, &c., of Local Reference Boards.

“16.—(1.) Where, in the opinion of the Minister, any decision or settlement given or effected by a Local Reference Board is likely to lead to industrial unrest in localities other than that in respect of which the decision was given or the settlement effected, he may, within one month after the date on which the decision was given or the settlement effected, order that the decision or settlement be reviewed by the Central Reference Board.

“(2.) The operation of the decision or settlement shall, if the Minister by order so directs, be stayed pending the review of the decision or settlement.

“(3.) If, on such review, the Central Reference Board is of opinion that the decision or settlement is likely to lead to such industrial unrest, the Board may re-hear the whole or any part of the industrial dispute or matter in respect of which the decision or settlement was given or effected, but, if not of that opinion, the Board shall certify to the Minister to that effect and any stay of the operation of the decision or settlement shall thereupon cease.”.

9. Regulations 17 and 18 of the National Security (Coal Mining Industry Employment) Regulations are repealed and the following regulations inserted in their stead:—

Award, order, determination or decision not to be challenged or questioned.

“17. An award, order or determination of the Central Reference Board or a decision of a Local Reference Board shall not be challenged, appealed against, quashed or called into question, or be subject to prohibition, mandamus or injunction, in any court on any account whatever.

 

Court not to make award inconsistent with award of Board.

“18. During the currency of any award or order made by the Central Reference Board or by any Local Reference Board under these Regulations, no award or order made by the Court or by any tribunal having jurisdiction in industrial matters in the Coal Mining Industry dealing with the same subject-matter and inconsistent with the award or order made by the Central Reference Board or Local Reference Board (except an award, order or decision made under these Regulations) shall be effective:

Provided that nothing in this regulation shall make ineffective any award or order made by a Conciliation Commissioner in pursuance of a direction given, whether before or after the commencement of this regulation, by the Minister under regulation 16 of the National Security (Industrial Peace) Regulations to hear and determine an industrial dispute in relation to the Coal Mining Industry.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.