STATUTORY RULES.
1905. No. 70.
PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Conciliation and Arbitration Act 1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this twenty-sixth day of October, One thousand nine hundred and five.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
ISAAC A. ISAACS.
Travelling Expenses of the President.
1. There shall be paid to the President, on account of the expenses of himself and his Associate, in travelling to discharge the duties of his office, such sums as the President certifies, under his hand, to have been actually expended, not exceeding the average of Three pounds three shillings per travelling day for the financial year (exclusive of fares for conveyance).
Registration.
2. No Association shall be registered as an organization until the Registrar is satisfied that it is a voluntary and bonâ fide Association, within the meaning of the Act, for furthering or protecting the interests of its members, and that it is not wholly or partially formed, organized, supported, maintained, or conducted, directly or indirectly, for the purpose or with the view of opposing, injuring, or prejudicing the interests of employers or employés, as the case may be, whose interests it purports to represent, further, or protect.
Cancellation of Registration.
3. An application to the Registrar to apply to the Court for the cancellation of the registration of an organization may be based (inter alia) on the grounds that the organization—
(i.) is not a voluntary and bonâ fide Association within the meaning of the Act; or
(ii.) is not, in fact, an Association for furthering or protecting the interests of its members; or
(iii.) is wholly or partially formed, organized, supported, maintained, or conducted, directly or indirectly, for the purpose, or with the view of opposing, injuring, or prejudicing the interests of employers or employés, as the case may be, whose interests it purports to represent, further, or protect.
By Authority: Robt. S. Brain, Government Printer, Melbourne.
Overview
The Statutory Rules 1905 No. 70, known as the Provisional Regulations under the Commonwealth Conciliation and Arbitration Act 1904, were introduced to provide immediate operational provisions that address the urgent need for a structured approach to arbitration and conciliation in industrial disputes within Australia. Enacted by the Governor-General in accordance with the advice of the Federal Executive Council, these regulations were designed to ensure that the processes of conciliation and arbitration could proceed efficiently and effectively. The underlying policy objective was to establish a framework that facilitates fair and equitable resolution of disputes between employers and employees, thereby maintaining industrial peace and productivity. This legislative instrument was critical in setting the stage for the foundational labour arbitration system in Australia, ensuring that organisations could be properly registered and managed under the auspices of the Act.
Scope and Application
The Provisional Regulations under the Commonwealth Conciliation and Arbitration Act 1904, enacted with urgency, govern the reimbursement of travel expenses for the President and his Associate, ensuring they receive compensation not exceeding an average of Three pounds three shillings per travelling day for the financial year. These regulations also establish criteria for the registration of associations, stipulating that an association must be voluntary and genuine, formed to further or protect the interests of its members without the intent to oppose, injure, or prejudice the interests of employers or employees it represents. The regulations further provide for the cancellation of an association's registration if it fails to meet these criteria, such as when it is found not to be a genuine association or if it operates with the intent to harm the interests it claims to represent. This legislation applies on a Commonwealth level, setting out the framework for the registration and operation of associations within the industrial conciliation and arbitration system.
Key Provisions
The Provisional Regulations under the Commonwealth Conciliation and Arbitration Act 1904 set out specific provisions regarding the reimbursement of travel expenses for the President and the criteria for the registration and cancellation of Associations. Section 1 provides that the President shall be reimbursed for travel expenses up to an average of Three pounds three shillings per travelling day for the financial year, excluding conveyance fares, as certified by the President. Section 2 outlines the criteria for the registration of an Association, requiring that it must be a voluntary and bona fide Association that genuinely represents and protects the interests of its members, without any intention to oppose, injure, or prejudice the interests of employers or employees.
The Regulations impose specific obligations on Associations and the President. Associations must meet stringent criteria to be registered, ensuring they are not formed for the purpose of opposing, injuring, or prejudicing the interests of employers or employees. The President, on the other hand, must provide a certified statement of actual travel expenses incurred in performing his duties to be reimbursed within the prescribed limits. Section 3 further clarifies the grounds for cancellation of an Association’s registration, including failure to meet the voluntary and bona fide criteria, or if it is found to be formed or conducted with the intention of opposing, injuring, or prejudicing the interests of employers or employees.
The Regulations establish clear consequences for non-compliance. While specific penalties are not explicitly detailed in the text, breaches of the registration criteria may lead to the cancellation of an Association’s registration, which can significantly impact its legal standing and ability to operate. For the President, failure to comply with the reimbursement requirements could result in non-reimbursement of expenses, though no specific penalty is mentioned in the text. The text does not provide explicit maximum penalties for violations but implies that serious breaches could lead to legal actions or Court interventions to address non-compliance.