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

STATUTORY RULES.

1943. No. 295.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this tenth day of December, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State for Defence.

 

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

Parts.

1. Regulation 3 of the National Security (Coal Mining Industry Employment) Regulations is amended by inserting, after the words “Part I.—Preliminary.”, the words “Part Ia.—The Central Coal Authority.”.

Definitions.

2. Regulation 4 of the National Security (Coal Mining Industry Employment) Regulations is amended by adding at the end of the definition of “industrial dispute” the words “, but does not, in Part II. of these Regulations, include any industrial dispute to which Part Ia. relates”.

3. After Part I. of the National Security (Coal Mining Industry Employment) Regulations, the following Part is inserted:—

“Part Ia.—The Central Coal Authority.

Definitions.

“4a. In this Part, unless the contrary intention appears—

‘the Federation’ means the Australian Coal and Shale Employees’ Federation, an organization registered under the Commonwealth Conciliation and Arbitration Act 1904-1934;

* Notified in the Commonwealth Gazette on 10th December, 1943.

 StatutoryRules 1940, No. 25, as amended by Statutory Rules 1941, Nos. 38, 159, 212, 262, 270, 281 and 299; and 1942, Nos. 100, 311, 422 and 525.

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‘industrial dispute to which this Part relates’ means—

(a) any dispute as to industrial matters in relation to the wages, rates of pay or terms or conditions of employment of members of the Federation in the Coal Mining Industry; or

(b) any threatened or impending or probable dispute as to any such industrial matter.

Appointment of Central Coal Authority.

“4b.—(1.) The Governor-General may appoint a Central Coal Authority for the prevention or settlement of any industrial dispute to which this Part relates.

“(2.) The Central Coal Authority shall consist of two representatives of the employers and two representatives of the Federation, together with a Chairman who shall be a person who holds the office of Judge of the Commonwealth Court of Conciliation and Arbitration or a Conciliation Commissioner.

“(3.) At meetings of the Central Coal Authority the opinion of the majority shall prevail; and where the members of the Authority present are equally divided in opinion, the opinion of the Chairman shall prevail.

“(4.) Four members of the Central Coal Authority shall form a quorum.

Powers of Central Coal Authority.

“4c.—(1.) The Central Coal Authority shall have power to consider and determine any industrial dispute to which this Part relates or any matter of which it has cognizance and, for the purpose of the exercise of the powers of the Central Coal Authority, regulations 7, 8, 9 and 10 of these Regulations shall be applied and construed as if—

(a) the words ‘Central Reference Board’ (wherever occurring) were omitted and the words ‘Central Coal Authority’ inserted in their stead; and

(b) the words ‘to which Part Ia. of these Regulations relates’ were inserted, after the words ‘industrial dispute’ (wherever occurring) in regulation 7, after the words ‘industrial dispute’ (first, third and fourth occurring) in regulation 8, and after the words ‘industrial dispute’ in regulation 10.”.

4.—(1.) Regulations 11, 14 and 16 of the National Security (Coal Mining Industry Employment) Regulations are repealed and the following regulations are inserted in their stead:—

Establishment of Local Reference Boards.

“11.—(1.) The Governor-General may establish Local Reference Boards.

“(2.) A Local Reference Board may exercise its power under these Regulations, within such limits as to locality or otherwise—

(a) in relation to matters affecting members of the Australian Coal and Shale Employees’ Federation—as are specified by the Chairman of the Central Coal Authority; and

(b) in relation to all other matters—as are specified by the Chairman of the Central Reference Board.

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 Coal Authority or the Central Reference Board;

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

(d) to inquire into and report to the Central Coal Authority or the Central Reference Board, as the case may be, on subject matters not covered by any award of the Court or award or order of the Central Coal Authority or 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 Coal Authority or 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 Coal Authority or the Central Reference Board, as the case may be.

“(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, request the Central Coal Authority or the Central Reference Board, as the case may be, to determine whether any of the matters in dispute is or is not a local matter.

“(4.) Notwithstanding anything contained in the last two preceding sub-regulations, the Chairman of the Local Reference Board (Newcastle District) (the establishment of which was notified in the Gazette on the 20th February, 1941), shall not, by reason only that an industrial dispute or matter referred to or brought before the Board affects persons in the locality in respect of which the Local Reference Board (Maitland District) (the establishment of which was so notified) was established—

(a) refer the industrial dispute or matter to the Central Coal Authority or the Central Reference Board; or

(b) request the Central Coal Authority or the Central Reference Board, in relation to any matter before the Local Reference Board (Newcastle District) in pursuance of paragraph (a) of sub-regulation (1.) of this regulation, to determine whether any of the matters in dispute is or is not a local matter.

“(5.) The last preceding sub-regulation shall also apply to the Chairman of the Local Reference Board (Maitland District) and in such application shall be read as if the reference therein to the Local Reference Board (Newcastle District) was a reference to the Local Reference Board (Maitland District) and as if the reference to the Local Reference Board (Maitland District) was a reference to the Local Reference Board (Newcastle District).

“(6.) A determination made by the Central Coal Authority or the Central Reference Board in pursuance of a request made under sub-regulation (3.) of this 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 Coal Authority or the Central Reference Board, as the case may be.

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 Coal Authority or the Central Reference Board, as the case may be.

“(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 Coal Authority or the Central Reference Board is of opinion that the decision or settlement is likely to lead to such industrial unrest, the Authority or 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 Authority or Board shall certify to the Minister to that effect and any stay of the operation of the decision or settlement shall thereupon cease.”.

(2.) A Local Reference Board established under the National Security (Coal Mining Industry Employment) Regulations prior to the commencement of this regulation shall be deemed to have been established under those Regulations as amended by these Regulations.

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

5. Regulation 17 of the National Security (Coal Mining Industry Employment) Regulations is amended by inserting before the words “Central Reference Board” the words “Central Coal Authority or the”.

6. Regulation 18 of the National Security (Coal Mining Industry Employment) Regulations is repealed and the following regulation is inserted in its stead:—

Court not to make award inconsistent with award of Board.

“18. During the currency of any award or order made by the Central Coal Authority or the Central Reference Board or any decision of a 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 Coal Authority, 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.”.

 

Fees and allowances.

7. Regulation 19 of the National Security (Coal Mining Industry Employment) Regulations is amended—

(a) by inserting in sub-regulation (1.), before the words “Central Reference Board”, the words “Central Coal Authority or of the”; and

(b) by inserting in sub-regulation (2.), before the words “Central Reference Board”, the words “Central Coal Authority,”.

Representation of parties at hearing.

8. Regulation 20 of the National Security (Coal Mining Industry Employment) Regulations is amended by inserting before the words “Central Reference Board” the words “Central Coal Authority or the”.

 

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

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