National Security (Industrial Peace) Regulations (Cth)

STATUTORY RULES.

1940. No. 290.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

Preamble.

WHEREAS it is necessary for the efficient prosecution of the present war that peace in industry should be preserved in the Commonwealth:

And whereas, in order to preserve that peace in industry, it is desirable that certain limitations on the jurisdiction of industrial tribunals constituted under the laws of the Commonwealth should be removed and that provision should be made for those tribunals to deal with industrial disputes with greater expedition:

Now therefore 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 sixteenth day of December, 1940.

Gowrie

Governor-General.

By His Excellency’s Command,

H. E. HOLT

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

 

National Security (Industrial Peace) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Industrial Peace) Regulations.

Definitions.

2.—(1.) In these Regulations, unless the contrary intention appears—

“the Act” means the Commonwealth Conciliation and Arbitration Act 1904-1934;

“the Minister” means the Minister for Labour and National Service.

(2.) Expressions used in these Regulations shall, unless the contrary intention appears, have the same meaning as in the Act.

Interpretation.

3. Subject to these Regulations, the Act and these Regulations shall, so long as these Regulations continue in force, be construed as if the provisions of these Regulations were incorporated in the Act as amendments thereof.

 

* Notified in the Commonwealth Gazette of 17th December, 1940.

7396.—Price 3d.

Jurisdiction of Court over industrial disputes.

4. So long as these Regulations continue in force, the provisions of the Act shall be applied and construed as if from the definition of “industrial disputes” in section 4 the words “extending beyond the limits of any one State” were omitted, and the jurisdiction of the Court shall be extended accordingly.

Cognizance of disputes.

5. In addition to the industrial disputes of which the Court has cognizance in pursuance of the Act, the Court shall also have cognizance of all industrial disputes—

(a) which the Court is satisfied are, or which the Minister certifies to the Court as being, proper to be dealt with in the interests of industrial peace and national security; or

(b)which are referred into Court by the Court or Judge in pursuance of sub-regulation (4.) of regulation 15 of these Regulations.

Common rule and industry award.

6.—(1.) The Court shall, as regards every industrial dispute of which it has cognizance, have power to declare, by any award or order, that any particular regulation, rule, custom, term of agreement, condition of employment or dealing whatsoever, determined by an award in relation to any industrial matter, shall be a common rule of any industry in connexion with which the dispute arises, or of such portion of that industry as the Court thinks fit, or of any group of industries of which that industry is one.

(2.) Where the Court has cognizance of an industrial dispute it shall have power to make an award (in these Regulations referred to as an “industry award”) regulating the whole or so much of the conditions of employment in relation to the industry in which the dispute exists as the Court thinks fit and, for the purpose of making an industry award, the jurisdiction of the Court shall not be limited by the ambit of the matters in dispute.

(3.) Before declaring a common rule or making an industry award the Court—

(a) shall pay due regard to the extent to which the industries or the persons affected enter, or are likely to enter, into competition with one another; and

(c) by notification published in the Gazette and in such other publications, if any, as the Court directs, specifying the industry or portion thereof, or group of industries, and the industrial matters in relation to which it is proposed to declare a common rule, or in respect of which it is proposed to make an industry award, shall make known that all persons and organizations interested and desirous of being heard, may, on or before a day named in the notification, appear or be represented before the Court, and the Court shall, in such manner as it directs, hear all such persons and organizations so appearing or represented.

On whom award binding.

7. In addition to the parties, persons and organizations on whom an award is declared by the Act to be binding, an award declared to be a common rule or an industry award, as the case may be, shall also be binding on all organizations and persons on whom the award or industry award is declared by the Court to be binding.

Interpretation of industrial laws.

8. Where any law of the Commonwealth affects the wages, terms or conditions ofemployment of any employee, the Court may either on its own motion or upon an application made by the Minister or an organization the members of which are affected, make an order, not inconsistent with that law, interpreting that law or implementing its application in any industry or to any employee or class of employees.

Reference by Minister of matter likely to lead to industrial unrest.

9. Where the Minister is of the opinion that any industrial matter has led, or is likely to lead, to industrial unrest, he may refer that matter to the Court and, notwithstanding that an industrial dispute affecting that matter does not exist, the Court may proceed to hear and determine the matter in like manner as if it were an industrial dispute.

Reference by organizations and employers of matter likely to lead to industrial unrest.

10.—(1.) Where any organization or employer is aware of the existence, of any industrial matter which may lead to the occurrence of a strike, a stop-work meeting or any other interruption of work, he shall forthwith notify, in writing, the Registrar or a Deputy Registrar accordingly, and the Registrar or Deputy Registrar, as the case may be, shall refer the matter to the Court.

(2.) The Court shall thereupon hear and determine the industrial matter, or cause a Conciliation Commissioner or Board of Reference to hear and determine the matter, and the Court, Conciliation Commissioner or Board of Reference, as the case may be, notwithstanding that an industrial dispute affecting the matter does not exist, may hear and determine the matter in like manner as if it were an industrial dispute.

Court may exercise jurisdiction on own motion.

11. In any case where the Court deems it desirable in the interests of industrial peace or national security so to do, it may exercise any jurisdiction under the Act or these Regulations on its own motion.

Court may dispense with process.

12. In any case where the Court or a Conciliation Commissioner deems it desirable in the interests of industrial peace or national security so to do, it or he may make an order dispensing with the service or filing of any process required by or under the Act to be served or filed.

Validity of orders and awards.

13. An award or order of the Court or of a Conciliation Commissioner shall not be invalidated—

(a) by reason of its containing provisions relating to matters not within the ambit of the industrial dispute;

(b)by reason of the proceedings, or any part thereof, in which the award or order is made, having been conducted in a manner other than by conciliation or arbitration; or

(c) by reason of any process not having been duly served or filed as required by or under the Act or these Regulations.

Appointment to additional Conciliation Commissioners.

14. The number of Conciliation Commissioners which the Governor-General may appoint under sub-section (1.) of section 18c of the Act may exceed three, but the appointment of any Conciliation Commissioner appointed while these Regulations are in force shall, notwithstanding anything contained in sub-section (2.) of section. 18c of the Act, be for such term as is specified in the instrument of appointment and shall, notwithstanding that any term so specified has not expired, be terminated when these Regulations cease to be in force.

Additional powers of Conciliation Commissioner.

15.—(1.) Where a Conciliation Commissioner is of the opinion that an industrial dispute has arisen, or is threatened or impending, he may investigate all matters connected with the dispute.

 

(2.) In addition to, or in lieu of, convening a compulsory conference in the manner provided by section 16a of the Act, the Conciliation Commissioner may, for the purpose of investigating any industrial dispute, appoint an equal number of representatives of the employers and employees concerned in the dispute to assist him in his investigation.

(3.) Upon completion of the investigation, the Conciliation Commissioner shall report fully to the Court or a Judge on the results of the investigation and of his efforts to induce the parties to arrive at some agreement.

(4.) Immediately upon receipt of any such report the Court or Judge shall—

(a) if an agreement between all or any of the parties as to the whole or any part of the dispute has been arrived at, cause a memorandum of the terms of the agreement to be made in writing and shall certify the memorandum after which it shall be filed in the office of the Registrar, and, unless otherwise ordered and subject as may be directed by the Court, shall, as between the parties to the agreement or any successor or any assignee or transmitee of the business of a party bound by the agreement, including any corporation which has acquired or taken over the business of such party, have the same effect as, and be deemed to be, an award for all purposes, including the purposes of section 38, of the Act;

(b)refer the industrial dispute back to the Conciliation Commissioner with a direction that the Conciliation Commissioner shall hear and determine the dispute; or

(c) refer the industrial dispute into the Court.

Direction by Minister to Conciliation Commissioner to hear and determine industrial dispute.

16. Where the Minister is of the opinion that for the Court or a Conciliation Commissioner to obtain cognizance of an industrial dispute in any other manner prescribed by the Act or by these Regulations might result in a delay that would be prejudicial to the interests of industrial peace, he may direct a Conciliation Commissioner forthwith to hear and determine the industrial dispute and the Conciliation Commissioner shall thereupon have cognizance of the industrial dispute.

Boards of Reference.

17.—(1.) The Court may, in connexion with any industry or part of any industry, appoint a Board of Reference consisting of one or more persons, even though no order or award in relation to an industrial dispute in that industry has been made.

(2.) The Board of Reference so appointed shall have such powers of investigation and report in connexion with such matters as the Court directs.

(3.) The Court may direct that any Board so appointed shall hear and determine any industrial matter and, subject to any contrary direction of the Court, the determination of the Board shall, for all the purposes, including the purposes of section 38, of the Act, be deemed to be an award of the Court.

(4.) The provisions of section 31a of the Act shall apply to any determination of a Board of Reference in like manner as they apply to an award or order of a Conciliation Commissioner.

 

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