Conciliation and Arbitration Act 1956 - Legislation

CONCILIATION AND ARBITRATION.

No. 44 of 1956.

An Act to amend the Conciliation and Arbitration Act 1904–1955, and for other purposes.

[Assented to 30th June, 1956.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title and citation.

1.—(1.) This Act may be cited as the Conciliation and Arbitration Act 1956.

(2.) The Conciliation and Arbitration Act 1904–1955 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Conciliation and Arbitration Act 1904–1956.

Commencement.

2.—(1.) Sections one, two, three, four, five, twelve, eighteen, twenty, twenty-two, twenty-three, twenty-four, thirty-one and forty-four of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining sections of this Act shall come into operation on a date to be fixed by Proclamation.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Amendments of the Principal Act.

Part III.—Transitional Provisions.

Part IV.—Re-numbering.

Part II.—Amendments of the Principal Act.

Title.

4. The title of the Principal Act is amended by adding at the end thereof the words “, and for other purposes”.

5. Section two of the Principal Act is repealed and the following section inserted in its stead:—

Objects of Art.

“2. The chief objects of this Act are—

(a) to promote goodwill in industry;

(b) to encourage conciliation with a view to amicable agreement, thereby preventing and settling industrial disputes;

(c) to provide means for preventing and settling industrial disputes not resolved by amicable agreement, including threatened, impending and probable industrial disputes, with the maximum of expedition and the minimum of legal form and technicality;

(d) to provide for the observance and enforcement of agreements and awards made in settlement of industrial disputes; and

(e) to encourage the organization of representative bodies of employers and employees and their registration under this Act.”.

Interpretation.

6. Section four of the Principal Act is amended—

(a) by adding at the end of the definition of “Award” the words “and includes an order”;

(b) by omitting the definition of “Conciliation Commissioner” and inserting in its stead the following definitions:—

“‘Commissioner’ means a Commissioner appointed under this Act and includes the Senior Commissioner;

“‘Conciliator’ means a Conciliator appointed under this Act;

“‘Deputy President’ means a Deputy President of the Commission and includes an Acting Deputy President;”;

(c) by omitting from the definition of “Inquiry” the words “Division 3 of Part VI.” and inserting in their stead the words “Part VIb.”;

(d) by inserting in the definition of “Order”, after the word “made”, the words “by the Commission”;

(e) by inserting after the definition of “Organization” the following definition:—

“‘Presidential member of the Commission’ means the President or a Deputy President;”;

(f) by omitting the definition of “The Court” and inserting in its stead the following definitions:—

“‘The Commission’ means the Commonwealth Conciliation and Arbitration Commission established by this Act;

“‘The Commission in Presidential Session’ means the Commission constituted by presidential members of the Commission to the number of at least three;

“‘The Court’ means the Commonwealth Industrial Court created by this Act;

“‘The President’ means the President of the Commission and includes an Acting President;

“‘The Senior Commissioner’ includes an Acting Senior Commissioner.”; and

(g) by adding at the end thereof the following sub-section:—

“(2.) A reference in this Act to an industrial dispute shall be read as including a reference to—

(a) a part of an industrial dispute;

(b) an industrial dispute so far as it relates to a matter in dispute; or

7. Part II. of the Principal Act is repealed and the following Parts are inserted in its stead:—

“Part II.—The Commonwealth Conciliation and Arbitration Commission.

Constitution of Commission.

“6.—(1.) There shall be a Commonwealth Conciliation and Arbitration Commission, which shall consist of the following members:—

(a) a President;

(b) not less than two Deputy Presidents;

(d) not less than five Commissioners.

“(2.) A member of the Commission shall be appointed by the Governor-General by commission and shall hold office as provided by this Act.

President and Deputy President.

“7.—(1.) A person shall not be appointed as a presidential member of the Commission unless—

(a) immediately before the commencement of this section, he was a Judge of the Commonwealth Court of Conciliation and Arbitration; or

(b) he is or has been a barrister or solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing.

“(2.) For the purposes of this Act, a Deputy President shall have seniority according to the date of his commission, or, in the case of a Deputy President who, immediately before his appointment, was a Judge of the Commonwealth Court of Conciliation and Arbitration, according to the date of his commission of appointment as a Judge of that Court.

“(3.) Subject to this section, a presidential member of the Commission shall hold office—

(a) until he resigns or attains the age of seventy years; or

(b) in the case of such a member who is a Judge of the Commonwealth Court of Conciliation and Arbitration, until he resigns or dies.

“(4.) A presidential member of the Commission shall not be removed from office except in the manner provided by this Act for the removal from office of a Judge of the Court.

“(5.) Subject to this Act and to any other Act, a presidential member of the Commission shall have the same status and precedence as a Judge of the Court.

“(6.) A Judge of the Commonwealth Court of Conciliation and Arbitration who is appointed a presidential member of the Commission does not thereby cease to be such a Judge.

Salaries and travelling expenses.

“8.—(1.) The President and the Deputy Presidents (not being Judges of the Commonwealth Court of Conciliation and Arbitration) shall receive the same salary as that of the Chief Judge and Judges of the Court, respectively, and the Consolidated Revenue Fund is appropriated accordingly.

“(2.) If the President is a Judge of the Commonwealth Court of Conciliation and Arbitration other than the Chief Judge he shall receive, in addition to his salary as such a Judge, salary at the rate of One thousand pounds a year.

“(3.) The salaries of the President and of the Deputy Presidents grow due from day to day but are payable monthly.

“(4.) The President and the Deputy Presidents shall be paid the same travelling expenses as those applicable to Judges of the Court.

Acting President or Deputy President.

“9. The Governor-General may appoint a person, being a Deputy President or a person qualified to be appointed a presidential member of the Commission, to act as President of the Commission during any absence from duty of the President and may appoint a person,

being a person qualified to be appointed a presidential member of the Commission, to act as a Deputy President of the Commission during any absence from duty of a Deputy President.

Absence of President.

“10. During any absence from duty of the President, unless an Acting President of the Commission has been appointed, or during any absence from duty of an Acting President, the senior Deputy President who is not absent from duty and is willing to act shall have and may exercise all the powers and functions of the President.

Oath or affirmation of office.

“11. A member of the Commission shall, before proceeding to discharge the duties of his office, take before a Justice of the High Court or a Judge of the Supreme Court of a State an oath or affirmation in accordance with the form in the Schedule to this Act.

Preservation of rights.

“12.—(1.) Where—

(a) a Commissioner—

(i) was, immediately before the commencement of this section, a Conciliation Commissioner; and

(ii) was, immediately before his appointment as a Conciliation Commissioner, an officer of the Public Service of the Commonwealth; or

(b) a Commissioner was, immediately before his appointment, an officer of the Public Service of the Commonwealth,

he retains his existing and accruing rights and, for the purpose of determining those rights, his service as a Conciliation Commissioner and as a Commissioner, or as a Commissioner, as the case may be, shall be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1928–1953 applies as if this Act and section had been specified in the Schedule to that Act.

“(2.) Subject to the next succeeding sub-section, an officer of the Public Service of a State who becomes a Commissioner retains all his existing and accruing rights.

“(3.) An officer of the Public Service of a State who, immediately before his appointment as a Commissioner, was a contributor to the Superannuation Fund of that State is not entitled to retain any existing or accruing rights in respect of superannuation unless he pays to the Commonwealth the contributions (if any) refunded to him from that Fund upon his resignation from the Public Service of the State.

Tenure of Commissioners.

“13. Subject to this Act, a Commissioner shall hold office until he attains the age of sixty-five years.

Removal or suspension from office of Commissioners.

“14.—(1.) The Governor-General may remove a Commissioner from office on an address praying for his removal on the ground of proved misbehaviour or incapacity being presented to the Governor-General by each House of the Parliament in the same Session of the Parliament.

“(2.) The Governor-General may suspend a Commissioner from office on the grounds of misbehaviour or incapacity.

“(3.) A full statement of the grounds of the suspension shall be laid before each House of the Parliament within seven sitting days of that House after the suspension.

“(4.) The Commissioner shall be restored to office unless each House of the Parliament, within forty days after the statement has been laid before it, presents to the Governor-General an address praying for the removal of the Commissioner on the ground of proved misbehaviour or incapacity.

Vacation of office of Commissioners.

“15. The office of a Commissioner shall be vacated if—

(a) he engages in paid employment outside the duties of his office;

(b) he becomes bankrupt or insolvent, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

(d) except on leave granted by the Minister, he absents himself from duty for fourteen consecutive days or for twenty-eight days in any twelve months; or

(e) he resigns his office by writing under his hand addressed to the Governor-General and his resignation has been accepted,

and the Governor-General declares, by notice in the Gazette, that the office has become vacant.

Salary and allowances of Commissioners.

“16.—(1.) The salary of the Senior Commissioner shall be at the rate of Three thousand five hundred pounds a year and the salary of each other Commissioner shall be at the rate of Three thousand pounds a year, and the Consolidated Revenue Fund is appropriated accordingly.

“(2.) The Senior Commissioner and each other Commissioner shall be paid such travelling expenses as are considered reasonable by the Minister.

Acting Senior Commissioner.

“16a. The Governor-General may appoint a person to act as Senior Commissioner during any absence from duty of the Senior Commissioner.

Powers of Commission not affected by vacancies.

“16b. The exercise of a power or function by the Commission or by a member of the Commission is not affected by reason of a vacancy in the membership of the Commission.

Conciliators.

“16c.—(1.) The Governor-General shall appoint Conciliators for the purposes of this Act.

“(2.) A Conciliator shall, before proceeding to discharge the duties of his office, take before a Justice of the High Court or a Judge of the Supreme Court of a State an oath or affirmation in accordance with the Schedule to this Act.

Preservation of rights, tenure, &c., of Conciliators.

“16d. Sections twelve, thirteen, fourteen and fifteen of this Act apply to a Conciliator as though the references in those sections to a Commissioner were references to a Conciliator.

Salary and allowances of Conciliators.

“16e.—(1.) The salary of a Conciliator shall be at the rate of Two thousand seven hundred and fifty pounds a year, and the Consolidated Revenue Fund is appropriated accordingly.

“(2.) A Conciliator shall be paid such travelling expenses as are considered reasonable by the Minister.

“Part IIa.—Powers and Functions of the Commission.

“Division 1.—Industrial Disputes Generally.

Definition.

“16f. In this Division, unless the contrary intention appears, ‘Commissioner’ includes, in relation to an industrial dispute, a presidential member of the Commission dealing with that dispute.

General powers and functions of Commission.

“16g.—(1.) The Commission is empowered to prevent or settle industrial disputes, by conciliation or arbitration, in accordance with this Act.

“(2.) The Commission shall make all such suggestions and do all such things as appear to it to be right and proper—

(a) for effecting a reconciliation between the parties to industrial disputes;

(b) for preventing and settling industrial disputes by amicable agreement; and

(c) for preventing and settling, by conciliation or arbitration, industrial disputes not prevented or settled by amicable agreement.

Powers may be exercised on Commission’s own motion.

“16h. Subject to this Act, the Commission may exercise any of its powers or functions under this Act of its own motion or on the application of a party to an industrial dispute or of an organization or person bound by an award.

Duties of members of Commission.

“16j. Each member of the Commission shall keep himself acquainted with industrial affairs and conditions.

Assignment of Commissioners to particular industries.

“16k.—(1.) The President may assign a Commissioner to a particular industry or group of industries and that Commissioner shall, so far as is practicable, deal with industrial disputes relating to that industry or that group of industries.

“(2.) The President may assign a Deputy President or a Commissioner to deal with a particular industrial dispute or may himself deal with a particular industrial dispute.

Functions of Senior Commissioner.

“16l.—(1.) Subject to the last preceding section, it is the duty of the Senior Commissioner to organize and allocate the work of the Commissioners and of the Conciliators.

“(2.) A Commissioner or a Conciliator shall comply with any direction given for the purpose of the last preceding sub-section which is applicable to him.

Action to be taken in respect of disputes.

“16m.—(1.) Subject to this Act, if it appears to a Commissioner that an industrial dispute has occurred or is likely to occur, he shall, whether he has been notified under this section or not, immediately ascertain the parties to the industrial dispute and the matters which form the subject of that dispute and shall take such steps as he thinks fit for the prompt prevention or settlement of that dispute by conciliation or, if in his opinion conciliation is unlikely to succeed or has failed, by arbitration.

“(2.) As soon as an organization or employer becomes aware of the existence of an industrial dispute or of an industrial situation which is likely to give rise to an industrial dispute the organization or employer shall forthwith notify a Commissioner or the Registrar accordingly.

“(3.) A Minister who is aware of the existence of an industrial dispute or of an industrial situation which is likely to give rise to an industrial dispute may notify a Commissioner or the Registrar accordingly.

Compulsory conferences.

“16n.—(1.) A Commissioner may, whenever in his opinion it is desirable for the purpose of preventing or settling an industrial dispute, or upon application made by a party to an industrial dispute, direct a person to attend, at a time and place specified in the direction, at a conference presided over by a Commissioner, by a Conciliator or by such other person as the Commissioner determines.

“(2.) In determining the persons to whom directions are given under the last preceding sub-section, the Commissioner shall take into consideration the persons having the highest degree of authority, on behalf of the parties to the industrial dispute, to negotiate for the settlement of the dispute.

“(3.) A direction under sub-section (1.) of this section may be given orally, in writing signed by the Commissioner or by telegram sent by the Commissioner.

“(4.) A direction under sub-section (1.) of this section may be given not only to a person engaged in or connected with the industrial dispute but also to—

(a) a person engaged in or connected with a dispute relating to industrial matters (whether extending beyond the limits of a State or not) and related in any way to an industrial dispute; and

(b) a person, whether connected with the industrial dispute or not, whose presence at the conference the Commissioner thinks is likely to conduce to the prevention or settlement of the industrial dispute.

“(5.) A person directed under sub-section (1.) of this section shall attend the conference and continue his attendance at the conference as directed by the person presiding over the conference.

Penalty: Five hundred pounds.

“(6.) Except to such extent as the person presiding over the conference directs that it be held in public, the conference shall be held in private.

Assistance to parties to reach amicable agreement.

“16p.—(1.) A Commissioner may, if, in his opinion, it may assist the parties to an industrial dispute to settle the dispute by amicable agreement, and shall, if the parties to an industrial dispute so request, arrange with the Senior Commissioner for a Conciliator to be made available for the purpose of assisting the parties to reach an amicable agreement.

“(2.) Where a Conciliator who has been made available under the last preceding sub-section is satisfied that the parties are unlikely to reach an amicable agreement, he shall, subject to the next succeeding sub-section, furnish a report in writing to the Commissioner as to the result of the endeavours to reach agreement, including the matters upon which agreement has, and upon which agreement has not, been reached.

“(3.) A Conciliator shall not furnish a report unless the parties to the industrial dispute consent and agree upon its terms.

“(4.) A Conciliator made available under sub-section (1.) of this section may, where—

(a) the parties to the industrial dispute are unable to reach an agreement on a part of the industrial dispute; and

(b) the parties request him to determine that part of the industrial dispute and agree to abide by his decision,

decide that part of the industrial dispute.

“(5.) The next succeeding section extends to an agreement under this section.

Industrial agreements.

“16q.—(1.) If an agreement between all or any of the parties as to an industrial dispute is arrived at, a memorandum of its terms shall be made in writing.

“(2.) Unless otherwise ordered, and subject to any direction of the Commission, the memorandum, if certified by the Commission, shall, as between the parties to the agreement or any successor to, or any assignee or transmittee of, the business of a party bound by the agreement, including any corporation which has acquired or taken over the business of such a party, have the same effect as, and be deemed to be, an award for all the purposes of this Act.

“(3.) The Commission may refuse to certify such a memorandum if it is of opinion that—

(a) the agreement is not in settlement of an industrial dispute;

(b) the agreement contains provisions which the Commission has no power to insert in an award; or

“(4.) A memorandum certified by the Commission shall be filed in the office of the Registrar.

Award in default of agreement.

“16r. If no agreement between the parties as to an industrial dispute is arrived at, the Commission shall, subject to this Act, determine the dispute.

Jurisdiction of the Commission.

“16s.—(1.) The powers of the Commission to make an award, or to certify an agreement under section sixteen q of this Act—

(a) altering the standard hours of work in an industry;

(b) altering the basic wage for adult males (that is to say, that wage, or that part of a wage, which is just and reasonable for an adult male, without regard to any circumstance pertaining to the work upon which, or the industry in which, he is employed) or the principles upon which it is computed;

(c) making provision for or in relation to, or altering a provision for or in relation to, long service leave with pay; or

(d) determining or altering the basic wage for adult females (that is to say, that wage, or that part of a wage, which is just and reasonable for an adult female, without regard to any circumstance pertaining to the work upon which, or the industry in which, she is employed) or the principles upon which it is computed,

are exercisable by the Commission in Presidential Session and not otherwise.

“(2.) Subject to this Act, the powers of the Commission, other than power to make an award or certify any agreement referred to in the last preceding sub-section, are exercisable by a Commissioner and not otherwise.

“(3.) Where, in relation to a matter before the Commission in Presidential Session, the question whether the Commission in Presidential Session is empowered, having regard to the last two preceding sub-sections, to deal with that matter is raised—

(a) if the opinion of the Commission in Presidential Session is that it is empowered to deal with that matter, then, notwithstanding anything contained in this Act, the Commission in Presidential Session is empowered to deal with the matter; or

(b) if the opinion of the Commission in Presidential Session is that it is not empowered to deal with that matter, then, notwithstanding anything contained in this Act, the Commission constituted by a Commissioner is empowered to deal with the matter.

“(4.) Where, in relation to a matter before the Commission constituted by a Commissioner, the question whether the Commission so constituted is empowered, having regard to sub-sections (1.)

and (2.) of this section, to deal with that matter is raised, the Commissioner shall refer the question to the President and—

(a) if the opinion of the President is that the Commission constituted by a Commissioner is so empowered, then, notwithstanding anything contained in this Act, the Commission so constituted is empowered to deal with the matter; or

(b) if the opinion of the President is that the Commission constituted by a Commissioner is not so empowered, then, notwithstanding anything contained in this Act, the Commission in Presidential Session is empowered to deal with the matter.

Reference of disputes to Commission.

“16t.—(1.) In this section, unless the contrary intention appears, ‘the Commission’ means the Commission constituted by not less than three members of the Commission nominated by the President, at least one of whom is a presidential member of the Commission and one is, where practicable, the Commissioner concerned.

“(2.) A Commissioner (in this section referred to as ‘the Commissioner concerned’) shall, upon application by a party to an industrial dispute which is being dealt with by him, on the ground that the industrial dispute is of such importance that, in the public interest, it should be dealt with as provided by this section, consult with the President as to whether the industrial dispute should be so dealt with.

“(3.) If the President, having regard to the reasons for the application, is of opinion that the industrial dispute should, in the public interest, be so dealt with, he may direct accordingly.

“(4.) Where the President so directs, the Commission shall, subject to the next succeeding sub-section, hear and determine the industrial dispute.

“(5.) The Commission may refer the industrial dispute, so far as it relates to a matter in dispute, back to the Commissioner concerned and, in that case, the Commission constituted by that Commissioner shall hear and determine the industrial dispute so far as it relates to that matter and the Commission shall hear and determine the industrial dispute in so far as it relates to matters not so referred back.

“(6.) The Commission may, for the purposes of this section, direct a Commissioner or a Conciliator to furnish a report with respect to a specified matter and the Commissioner or Conciliator to whom the direction is given shall, after making such investigation (if any) as is necessary, furnish a report accordingly.

Appeals from awards.

“16u.—(1.) In this section, unless the contrary intention appears, ‘the Commission’ means the Commission constituted by not less than three members of the Commission nominated by the President, of whom at least two are presidential members of the Commission.

“(2.) An appeal lies to the Commission against—

(a) an award made by the Commission constituted by a Commissioner;

(b) a decision of the Commission, constituted by a Commissioner, certifying, or refusing to certify, a memorandum under section sixteen q of this Act;

(c) a decision of the Commission, constituted by a Commissioner, under paragraph (d) of section sixteen aa of this Act refraining or refusing to refrain from further hearing or from determining an industrial dispute on the ground that the industrial dispute has been dealt with, is being dealt with or is proper to be dealt with by a State Industrial Authority.

“(3.) An appeal does not lie under the last preceding sub-section unless, in the opinion of the Commission, the matter is of such importance that, in the public interest, an appeal should lie.

“(4.) An appeal under sub-section (2.) of this section—

(a) shall be made within fourteen days after the date of the award or decision appealed against; and

(b) may be made—

(i) in the case of an appeal under paragraph (a) of that sub-section—by an organization or person bound by the award;

(ii) in the case of an appeal under paragraph (b) of that sub-section—by a party to the agreement the subject of the memorandum; or

(iii) in the case of an appeal under paragraph (c) of that sub-section—by an organization or person aggrieved by the decision.

“(5.) Where an appeal has been instituted under this section, the Commission may, on such terms and conditions as it thinks fit, make an order that the operation of the whole or a part of the award or decision be stayed pending the determination of the appeal or until further order of the Commission.

“(6.) Upon the hearing of an appeal under this section, the Commission may—

(a) admit further evidence; and

(b) direct a Commissioner or a Conciliator to furnish a report to the Commission with respect to such matter as it specifies,

and shall—

(d) make an award dealing with the subject-matter of the award or decision under appeal.

“(7.) Where, in pursuance of paragraph (b) of the last preceding sub-section, the Commission directs a Commissioner or Conciliator to furnish a report, the Commissioner or Conciliator shall, after making such investigation (if any) as is necessary, furnish a report accordingly.

“(8.) The provisions of this Division relating to the hearing and determination, or to the hearing or determination, of an industrial dispute extend to the hearing and determination, or to the hearing or determination, as the case may be, of an appeal under this section.

Intervention by the Attorney-General.

“16v.—(1.) The Attorney-General may, on behalf of the Commonwealth, by giving to the Registrar notice in writing of his intention so to do, intervene in the public interest in a matter before the Commission under sub-section (1.) of section sixteen s of this Act or under either of the last two preceding sections.

“(2.) Where the Attorney-General intervenes in accordance with this section, a person or organization may apply to the Commission for leave to be heard and the Commission may, if it is of the opinion that it is desirable that the applicant should be heard, permit the applicant to be heard.

Continuation of hearing of industrial disputes.

“16w.—(1.) This section applies where the hearing of an industrial dispute has been commenced before the Commission and, before an award has been made determining the dispute—

(a) where the Commission is constituted by a single member of the Commission—

(i) that member has become unable to continue to hear the industrial dispute or has ceased to be a member, whether by death or otherwise; or

(ii) the President has assigned the industry or group of industries to which the industrial dispute relates to another member; or

(b) where the Commission is constituted by two or more members of the Commission—one of the members has become unable to continue to hear the industrial dispute or has ceased to be a member, whether by death or otherwise.

“(2.) In a case to which this section applies, the Commission, constituted as provided by this Part, shall hear and determine the dispute, or so much of the dispute as has not been determined, and, in the hearing, shall have regard to the evidence given, the arguments adduced and any award or determination made during the previous hearing.

“(3.) For the purposes of this section, a member of the Commission who has withdrawn from the hearing of an industrial dispute shall be deemed to have become unable to continue to hear the industrial dispute.

Commissioners may sit simultaneously.

“16x. The Commission constituted by one or more members of the Commission may exercise its powers, whether under this Act or otherwise, notwithstanding that the Commission constituted by one or more other members of the Commission is at the same time exercising the powers of the Commission, whether under this Act or otherwise.

Procedure in relation to disputes.

“16y. In relation to an industrial dispute with which the Commission is dealing, the Commission shall, in such manner as it thinks fit, carefully and expeditiously hear, inquire into and investigate the dispute and all matters affecting the merits of the dispute and the right settlement of the dispute.

Procedure of Commission.

“16z.—(1.) In the hearing and determination of an industrial dispute—

(a) the procedure of the Commission is, subject to this Act and the regulations, within the discretion of the Commission;

(b) the Commission is not bound to act in a formal manner and is not bound by any rules of evidence but may inform itself on any matter in such manner as it thinks just; and

(c) the Commission shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms.

“(2.) The Commission may determine the periods which are reasonably necessary for the fair and adequate presentation of the respective cases of the parties to the industrial dispute and require that those cases be presented within the respective periods so determined.

“(3.) The Commission may require evidence or argument to be presented in writing and may decide the matters upon which the Commission will hear oral evidence or argument.

Particular powers of Commission.

“16aa. The Commission may, in relation to an industrial dispute or other proceedings before it—

(a) take evidence on oath or affirmation;

(b) make an award (including a provisional or interim award relating to any or all of the matters in dispute) or give a direction in pursuance of the hearing or determination;

(c) fix maximum penalties for a breach or non-observance of any term of an award, not exceeding One hundred pounds in the case of an organization or an employer who is not a member of an organization bound by the award or Ten pounds in the case of a member of an organization;

(d) dismiss a matter or part of a matter or refrain from further hearing or from determining the dispute or part of the dispute if it appears—

(i) that the dispute or part is trivial;

(ii) that the dispute or part has been dealt with, is being dealt with or is proper to be dealt with by a State Industrial Authority; or

(iii) that further proceedings are not necessary or desirable in the public interest;

(e) hear and determine the dispute in the absence of a party who has been summoned or served with notice to appear;

(f) sit at any place;

(g) conduct its proceedings or any part of its proceedings in private;

(h) adjourn to any time and place;

(i) refer any matter to an expert and accept his report as evidence;

(j) direct parties to be joined or struck out;

(k) allow the amendment, on such terms as it thinks fit, of any proceedings;

(l) correct, amend or waive any error, defect or irregularity, whether in substance or in form;

(m) extend any prescribed time;

(n) summon before it the parties to the dispute, and witnesses, and compel the production before it of books, papers, documents and things for the purpose of reference to such entries or matters only as relate to the dispute; and

(o) generally give all such directions and do all such things as are necessary or expedient for the expeditious and just hearing and determination of the dispute.

Power of inspection.

“16ab.—(1.) A member of the Commission, and a person authorized in writing by a member of the Commission or the Registrar, may at any time during working hours enter any building, mine, mine working, ship, vessel, place or premises of any kind in which or in respect of which an industry is carried on or work is being or has been done or commenced, or a matter or thing is taking or has taken place in relation to which an industrial dispute is pending, or an award has been made, or an offence against this Act is suspected, and may, to the extent and for the purposes named in the authority, inspect or view any work, material, machinery, appliance, article, book, paper, document or thing therein and may interview any employee engaged therein.

“(2.) A person shall not hinder or obstruct a person in the exercise of the power conferred by the last preceding sub-section or make to a person exercising a power conferred by that sub-section a statement, either orally or in writing, which is false or misleading in any particular.

Penalty: Ten pounds.

Orders to take evidence.

“16ac. The Commission may authorize a person to take evidence on its behalf, with such limitations (if any) as the Commission directs, in relation to an industrial dispute and that person shall have all the powers of the Commission to secure the attendance of witnesses, the production of books, papers, documents and things and the taking of evidence on oath or affirmation.

Reference of dispute to a Local Board for a report.

“16ad.—(1.) The Commission may refer an industrial dispute which is before it to a Local Industrial Board for investigation and report and may delegate to that Board such of the powers of the Commission (including powers of the Commission in relation to conciliation and the settlement of the dispute by amicable agreement) as the Commission considers desirable and may at any time revoke the reference.

“(2.) On the report of the Local Industrial Board, the Commission may, with or without hearing further evidence or argument or both, determine the dispute and make its award.

“(3.) In this section, ‘Local Industrial Board’ means—

(a) a Conciliator;

(b) a State Industrial Authority willing to act; or

(c) a Local Board constituted as prescribed or as directed by the Commission and consisting of equal numbers of representatives of employers and of employees and a Chairman appointed by the Commission.

Secret ballot may be ordered.

“16ae. Where—

(a) an organization is a party to or concerned in an industrial dispute with which the Commission or some other tribunal acting in pursuance of a law of the Commonwealth is empowered to deal (whether or not proceedings in relation to the dispute are before the Commission or such a tribunal); and

(b) the Commission constituted by not less than three members nominated by the President (at least one of whom is a presidential member of the Commission) thinks that the views of the members, or of a section or class of the members, of the organization or of a branch of the organization upon a matter ought to be ascertained with a view to assisting the prevention or settlement of the dispute,

the Commission so constituted may order that that matter be submitted to a vote of those members, or of the members of that section or class, taken by secret ballot (with or without provision for absent voting) in accordance with directions given by the Commission.

Offences in relation to ballots.

“16af. A person shall not—

(a) obstruct the taking of a ballot under the last preceding section;

(b) use any form of intimidation to prevent from voting a person entitled to vote at a ballot under the last preceding section; or

(c) being an officer of an organization, refuse to assist in the taking of a ballot under the last preceding section by providing for the use of the Returning Officer or his assistants such register and lists of members of the organization as the Returning Officer requires.

Penalty: Fifty pounds or imprisonment for six months.

Power to grant preference to members of organizations.

“16ag.—(1.) The Commission may, by an award, or by an order made on the application of an organization or person bound by an award, direct that preference shall, in relation to such matters, in such manner and subject to such conditions as are specified in the award or order, be given to such organizations or members of organizations as are specified in the award or order.

“(2.) Whenever, in the opinion of the Commission, it is necessary, for the prevention or settlement of an industrial dispute, for ensuring that effect will be given to the purposes and objectives of an award, for the maintenance of industrial peace or for the welfare of society to direct that preference shall be given to members of organizations as provided by the last preceding sub-section, the Commission shall so direct.

“(3.) Where—

(a) the Commission has, under sub-section (1.) of this section, directed, by award or order, that preference shall be given to members of an organization which is an association of employees; and

(b) a person, upon application made to the Registrar in the prescribed form and manner, satisfies the Registrar that the person's conscientious beliefs do not allow the person to be a member of such an organization,

the Registrar shall, subject to sub-section (5.) of this section, issue to the person a certificate to the effect that, while the certificate, or a renewal of the certificate, is in force, an employer bound by the award or order is not required, by reason of the award or order, to give preference to members of the organization over the person, and the certificate has effect according to its tenor.

“(4.) A certificate under the last preceding sub-section remains in force for such period, not exceeding twelve months, as is specified in the certificate, but, subject to the next succeeding sub-section, may be renewed from time to time by the Registrar for such period, not exceeding twelve months, as the Registrar thinks fit.

“(5.) The Registrar—

(a) shall not issue a certificate to a person under sub-section (3.) of this section in relation to a direction under sub-section (1.) of this section unless the person has paid to the Registrar such amount as would, in the opinion of the Registrar, be payable by the person to the organization specified in the direction in respect of entrance fees and subscriptions if the person became a member of the organization on the day on which the certificate is to be issued and continued to be such a member for the period during which the certificate is to remain in force; and

(b) shall not renew the certificate unless the person has paid to the Registrar such amount as would, in the opinion of the Registrar, be payable by the person to the organization in respect of subscriptions if he were a member of the organization immediately before the renewal of the certificate and continued to be such a member for the period during which the renewed certificate is to remain in force.

“(6.) The Registrar shall pay amounts received by him under the last preceding sub-section into the Consolidated Revenue Fund.

“(7.) In sub-section (3.) of this section, ‘conscientious beliefs’ means any conscientious beliefs whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion.

Power to provide special rates of wages.

“16ah. Where the Commission, by an award, prescribes a minimum rate of wages, the Commission may provide for the payment of wages at a lower rate for an employee who is unable to earn the minimum wage so prescribed, and in that case the Commission shall provide that the lower rate shall not be paid unless a person or authority specified by the Commission has certified that the employee is unable to earn the minimum wage.

Common rules.

“16aj.—(1.) The Commission may, if it appears to be necessary or expedient for the purpose of preventing or settling an industrial dispute with which it is dealing or of preventing further industrial disputes, declare that any term of an award shall, in a Territory of the Commonwealth, be a common rule of any industry in connexion with which the dispute arose.

“(2.) Before a common rule is declared under the last preceding sub-section, the Commission shall, by notification published in the Gazette and in such other publications (if any) as the Commission

thinks fit, specifying the industry and the industrial matter in relation to which it is proposed to declare a common rule, make known that all persons and organizations interested and desiring to be heard may, on or before a specified date, appear or be represented before the Commission and the Commission shall hear all interested persons and organizations so appearing or represented.

Boards of reference.

“16ak.—(1.) The Commission may, by an award, or by an order made on the application of an organization or person bound by an award—

(a) appoint, or give power to appoint, for the purposes of the award, a Board of Reference consisting of one or more persons; and

(b) assign to the Board of Reference the function of allowing, approving, fixing, determining or dealing with, in the manner and subject to the conditions specified in the award or order, a matter or thing which, under the award, may from time to time require to be allowed, approved, fixed, determined or dealt with by the Board.

“(2.) A Board of Reference appointed under this section may consist of or include a Commissioner or a Conciliator.

Uniformity in relation to hours, holidays, &c.

“16al. In determining an industrial dispute, the Commission shall provide, so far as possible, and so far as the Commission thinks proper, for uniformity throughout an industry carried on by employers in relation to hours of work, holidays and general conditions in that industry.

Schemes of apprenticeship.

“16am. In determining an industrial dispute in which the rates of pay or conditions of employment applying to apprentices in an industry are in question, the Commission shall take into consideration any scheme of apprenticeship provided by or under the law of any State or Territory of the Commonwealth.

Safety, health and welfare of employees.

“16an. In determining an industrial dispute, the Commission shall take into consideration the provisions of any law of a State or Territory of the Commonwealth relating to the safety, health and welfare of employees (including children) in relation to their employment.

Employees not to be required to notify membership of organization.

“16ap. The Commission shall not include in an award a provision requiring a person claiming the benefit of an award to notify his employer that he is a member of an organization bound by the award.

Relief not limited to claim.

“16aq. In making an award in relation to an industrial dispute, the Commission is not restricted to the specific relief claimed by the parties to the industrial dispute, or to the demands made by the parties in the course of the dispute, but may include in the award any matter or thing which the Commission thinks necessary or expedient for the purpose of preventing or settling the dispute or of preventing further industrial disputes.

Form of awards.

“16ar. An award shall be framed in such a manner as best to express the decision of the Commission and to avoid unnecessary technicalities.

Commencement of awards.

“16as. An award of the Commission constituted by a Commissioner shall not, unless all parties to the industrial dispute who appear or are represented before the Commission consent or the Commission otherwise directs, have effect until after the expiration of twenty-one days from the date of the award.

Continuance of awards.

“16at.—(1.) An award determining an industrial dispute shall, subject to the next succeeding section, continue in force for a period to be specified in the award, not exceeding five years from the date upon which the award comes into force.

“(2.) After the expiration of the period so specified, the award shall, subject to the next succeeding section, and unless the Commission otherwise orders, continue in force until a new award has been made.

“(3.) Nothing in sub-section (1.) of this section prevents the inclusion in an award of provisions in relation to long service leave with pay notwithstanding that those provisions are so expressed as not to be capable of operating, or of operating fully, during the period specified in the award in pursuance of sub-section (1.) of this section.

“(4.) Where, in pursuance of sub-section (2.) of this section, an award has continued in force after the expiration of the period specified in the award, any award made by the Commission for the settlement of a new industrial dispute between the parties may be made to operate from a date not earlier than the date upon which the dispute arose.

“(5.) The fact that an award determining an industrial dispute has been made and is in force does not prevent an award being made for the settlement of a further industrial dispute between all or any of the parties to the first-mentioned award, with or without additional parties, and whether or not the subject-matter of the further industrial dispute is the same in whole or in part as the subject-matter of the industrial dispute determined by the first-mentioned award.

Setting aside and variation of awards.

“16au.—(1.) The Commission may, if for any reason it considers it desirable to do so, set aside an award or any of the terms of an award.

“(2.) The Commission may, if for any reason it considers it desirable to do so, and shall if it considers it desirable for the purpose of removing ambiguity or uncertainty, vary any of the terms of an award.

Decisions of Commission to be final.

“16av.—(1.) Subject to this Act, an award (including an award made on appeal)—

(a) is final and conclusive;

(b) shall not be challenged, appealed against, reviewed, quashed or called in question in any court; and

“(2.) A determination or finding of the Commission upon a question as to the existence of an industrial dispute is, in all courts and for all purposes, conclusive and binding on all persons affected by that question.

“(3.) An award shall not be called in question in any way on the ground that it was made by the Commission constituted otherwise than as provided by this Act.

On whom awards to be binding.

“16aw. An award determining an industrial dispute is binding on—

(a) all parties to the industrial dispute who appeared or were represented before the Commission;

(b) all parties to the industrial dispute who were summoned or notified, either personally or as prescribed, to appear as parties to the dispute, whether they appeared or not;

(c) all parties who, having been notified, either personally or as prescribed, of the industrial dispute and of the fact that they were alleged to be parties to the dispute, did not, within the time prescribed, satisfy the Commission that they were not parties to the dispute;

(d) in the case of employers, any successor to, or any assignee or transmittee of, the business of a party to the dispute or of a party bound by the award, including any corporation which has acquired or taken over the business of such a party;

(e) all organizations and persons on whom the award is binding as a common rule; and

(f) all members of organizations bound by the award.

Cancellation of award.

“16ax.—(1.) If it appears to the Commission in Presidential Session, on the application of an organization, a person interested, the Attorney-General or the Registrar—

(a) that an organization entitled to the benefit of an award has committed a breach or non-observance of this Act, of an award, or of an order of the Court;

(b) that a number of members of an organization sufficiently large to form a substantial part of the organization refuse to accept employment either at all or in accordance with existing awards; or

the Commission may, subject to such conditions as it thinks fit, suspend or cancel, for such period as it thinks fit, all or any of the terms of an award in force so far as the award applies to, or is in favour of, the organization or its members.

“(2.) During the period of suspension or cancellation, a person affected, as a present or past member of the organization, by the suspension or cancellation is not entitled to the benefit of any other award in force and every such award shall cease to apply to the employment of those persons.

“(3.) The suspension or cancellation may be limited to specified persons or classes of persons, to a specified branch of the organization, or to specified localities.

Representation of parties.

“16ay.—(1.) In proceedings before the Commission, a party or intervener—

(a) being an organization, may be represented by a member or officer of the organization; and

(b) not being an organization, may be represented by—

(i) an employee of that party or intervener; or

(ii) a member or officer of an organization of which that party or intervener is a member,

but, subject to the next succeeding sub-section, a party or intervener shall not be represented by counsel, solicitor or paid agent except—

(d) by leave of the Commission, granted upon application made by a party, on the ground that, having regard to the subject-matter of the proceedings, there are special circumstances which make it desirable that the parties and interveners may be so represented.

“(2.) Where the Attorney-General has intervened in proceedings before the Commission, a party or intervener may, with the leave of the Commission, be represented by counsel, solicitor or paid agent.

Certificate of Registrar as to industrial dispute.

“16az. A certificate by the Registrar that an industrial dispute exists, or is threatened, impending or probable, as an industrial dispute extending beyond the limits of any one State is evidence that the fact is as stated.

Awards to prevail over State laws, awards, &c.

“16ba. Where a State law, or an order, award, decision or determination of a State Industrial Authority, is inconsistent with, or deals with a matter dealt with in, an award, the latter prevails and the former, to the extent of the inconsistency or in relation to the matter dealt with, is invalid.

State Authorities may be restrained from dealing with disputes.

“16bb.—(1.) If it appears to the Commission in Presidential Session that a State Industrial Authority is dealing or is about to deal with an industrial dispute or with a matter which is provided for in an award or is the subject of proceedings under this Part, the Commission may make such order restraining the State Industrial Authority from dealing with that industrial dispute or matter as the Commission thinks fit, and thereupon the Authority shall, in accordance with the order, cease to proceed in that industrial dispute or matter.

“(2.) An order, award, decision or determination of a State Industrial Authority made in contravention of an order made under this section is, to the extent of the contravention, void.

Conference with State Authorities.

“16bc. Where it appears to the President to be desirable, in relation to an industrial matter, that a conference should be held with a State Industrial Authority, he may, if that Authority is willing, confer with that Authority, or arrange for a Deputy President or the Senior Commissioner to confer with that Authority, with a view to securing co-ordination between any awards made or to be made under this Part and any orders, awards, decisions or determinations made or given or to be made or given by that Authority.

Divisions of opinion.

“16bd. Where the Commission constituted by three or more members of the Commission is divided in opinion on a question, the question shall be decided according to the decision of the majority, if there is a majority, but if the Commission so constituted is equally divided in opinion, the question shall be decided—

(a) according to the opinion of the President; or

(b) if the President is not sitting as a member of the Commission, according to the opinion of the Deputy President, or of the senior Deputy President, present.

Conference of Commissioners.

“16be. The President shall summon, not less frequently than once in every four months, a conference of members of the Commission to discuss matters relating to the operation of Part II. and of this Part and, in particular, means for ensuring expedition in the settlement of industrial disputes.

Annual reports.

“16bf. The President shall, once in each year, furnish to the Minister, for presentation to the Parliament, a report on the working of Part II. and of this Part and, in particular, the extent to which the objects of this Act have been achieved.

“Division 2.—Industrial Matters—Maritime Industries.

Definitions.

“16bg. In this Division, unless the contrary intention appears—

‘industrial dispute’ means a dispute (including a threatened, impending or probable dispute) as to industrial matters which extends beyond the limits of any one State, and includes—

(a) a part of an industrial dispute;

(b) an industrial dispute so far as it relates to a matter in dispute; or

‘industrial matter’ means any matter in relation to the salaries, wages, rates of pay or other terms or conditions of service or employment of masters, pilots or seamen, and includes a question arising in relation to such a matter;

‘industrial question’ means—

(a) an industrial dispute; and

(b) an industrial matter;

‘masters’, ‘pilots’ and ‘seamen’ have the same meanings as in the Navigation Act 1912–1956.

Settlement of industrial disputes and determination of industrial matters.

“16bh. The Commission is empowered—

(a) to prevent or settle industrial disputes by conciliation or arbitration; and

(b) to hear and determine industrial matters submitted to it in so far as those matters relate to trade and commerce with other countries or among the States or in a Territory of the Commonwealth, whether or not an industrial dispute exists in relation to those matters.

Jurisdiction of Commission.

“16bj.—(1.) Subject to the next succeeding sub-section, the powers of the Commission in respect of an industrial question are exercisable by the Commission constituted by a presidential member of the Commission assigned by the President for the purpose and not otherwise.

“(2.) The powers of the Commission in respect of an industrial question—

(a) in relation to a matter referred to in sub-section (1.) of section sixteen s of this Act—are exercisable by the Commission in Presidential Session; and

(b) under section sixteen t or sixteen u of this Act—are exercisable by the Commission constituted as provided by whichever of those sections is applicable,

and not otherwise.

Application of Division 1.

“16bk.—(1.) Subject to this Division, Division 1 of this Part extends to and in relation to the powers and functions of the Commission under this Division, to and in relation to proceedings under this Division and to and in relation to awards made under this Division.

“(2.) In the application of Division 1 of this Part under the last preceding sub-section, references to industrial disputes shall be read as references to industrial questions and references to a Commissioner or to the Commissioner shall be read as references to the presidential member of the Commission referred to in sub-section (1.) of the last preceding section.

Award inconsistent with certain provisions of Navigation Act.

“16bl. An award under this Division may be made inconsistent with Division 15 of Part II. of the Navigation Act 1912–1956.

“Division 3.—Industrial Matters—Snowy Mountains Area.

Definitions.

“16bm. In this Division, unless the contrary intention appears—

‘contractor with the Authority’ means a person between whom and the Authority there is in force an agreement for the performance of work for or on behalf of the Authority in the

specified area, but does not include a State, an authority of a State or a local governing body;

‘employee’ means—

(a) a temporary or casual employee employed by the Authority under section twenty-three of the Act;

(b) a person employed by a contractor with the Authority and working in the specified area in connexion with the work the subject of the agreement between that contractor and the Authority; and

(c) a person employed by a sub-contractor with the Authority and working in the specified area in connexion with the work the subject of the agreement between that sub-contractor and the contractor with the Authority;

‘industrial dispute’ means a dispute (including a threatened, impending or probable dispute) as to industrial matters, and includes—

(a) a part of an industrial dispute;

(b) an industrial dispute so far as it relates to a matter in dispute; or

‘industrial matter’ means any matter in relation to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees, and includes a question arising in relation to such a matter;

‘industrial question’ means—

(a) an industrial dispute; and

(b) an industrial matter;

‘sub-contractor with the Authority’ means a person between whom and a contractor with the Authority there is in force an agreement for the performance of work for or on behalf of that contractor in the specified area, being work in connexion with the work the subject of the agreement between that contractor and the Authority, but does not include a State, an authority of a State or a local governing body;

‘the Act’ means the Snowy Mountains Hydro-electric Power Act 1949–1956;

‘the Authority’ means the Snowy Mountains Hydro-electric Authority;

‘the specified area’ means—

(a) the Snowy Mountains Area referred to in section six of the Act; and

(b) such other areas as are prescribed, being areas in which works referred to in section seventeen of the Act are being constructed, maintained, operated, protected, managed or controlled.

Settlement of industrial disputes and determination of industrial matters.

“16bn. The Commission is empowered—

(a) to prevent or settle, by conciliation or arbitration, industrial disputes; and

(b) to hear and determine industrial matters submitted to it.

Jurisdiction of Commission.

“16bp.—(1.) Subject to the next succeeding sub-section, the powers of the Commission in respect of an industrial question are exercisable by the Commission constituted by a presidential member of the Commission assigned by the President for the purpose and not otherwise.

“(2.) The powers of the Commission in respect of an industrial question—

(a) in relation to a matter referred to in sub-section (1.) of section sixteen s of this Act—are exercisable by the Commission in Presidential Session; and

(b) under section sixteen t or sixteen u of this Act—are exercisable by the Commission constituted as provided by whichever of those sections is applicable,

and not otherwise.

Limitation of jurisdiction of Public Service Arbitrator.

“16bq. The Public Service Arbitrator is not empowered to make a determination in relation to the salaries, wages, rates of pay or other terms or conditions of service or employment of employees.

Application of Division 1.

“16br.—(1.) Subject to this Division, Division 1 of this Part extends to and in relation to the powers and functions of the Commission under this Division, to and in relation to proceedings under this Division and to and in relation to awards made under this Division.

“Division 4.—Industrial Matters—Stevedoring Industry.

Interpretation.

“16bs.—(1.) In this Division, unless the contrary intention appears—

‘employer’ has the same meaning as in the Stevedoring Industry Act 1956;

‘employment bureau’ has the same meaning as in the Stevedoring Industry Act 1956;

‘industrial dispute’ means a dispute (including a threatened, impending or probable dispute) as to industrial matters which extends beyond the limits of any one State, and includes—

(a) a part of an industrial dispute;

(b) an industrial dispute so far as it relates to a matter in dispute; or

‘industrial matters’ means all matters pertaining to the relations of employers and waterside workers and, without limiting the generality of the foregoing, includes—

(a) all matters or things affecting or relating to work done or to be done;

(b) the privileges, rights and duties of employers and of waterside workers;

(d) the piece-work, contract or other reward paid or to be paid in respect of employment;

(e) the question whether piece-work or contract work or any other system of payment by results shall be allowed, forbidden or exclusively prescribed;

(f) the question whether monetary allowances shall be made in respect of any time when a waterside worker is not actually working;

(g) the question whether minimum payments shall be made to waterside workers in respect of any circumstance or period;

(h) the hours of employment, age, qualifications and status of waterside workers;

(i) the mode, terms and conditions of employment;

(j) the employment of any waterside workers or class of waterside workers;

(k) the preferential employment or the non-employment of any particular waterside worker or class of waterside workers;

(l) the right to dismiss or to refuse to employ, or the duty to reinstate in employment, a particular waterside worker or class of waterside workers;

(m) any custom or usage, whether general or in a particular locality;

(n) any industry dispute, including any matter which may be a contributory cause of such a dispute; and

(o) the provision of first-aid equipment, medical attendance, ambulance facilities, rest rooms, sanitary and washing facilities, canteens, cafeteria, dining rooms and other amenities for waterside workers,

and includes all questions of what is right and fair in relation to an industrial matter having regard to the interests of the persons immediately concerned and of society as a whole;

‘industrial question’ means—

(a) an industrial dispute;

(b) an industrial matter; and

‘the Authority’ means the Australian Stevedoring Industry Authority established under the Stevedoring Industry Act 1956;

‘Union’ has the same meaning as in the Stevedoring Industry Act 1956;

‘waterside worker’ has the same meaning as in the Stevedoring Industry Act 1956.

“(2.) A reference in this Division to an industrial matter shall be read as including a reference to a question arising in relation to an industrial matter.

Settlement of industrial disputes and determination of industrial matters.

“16bt. The Commission is empowered—

(a) to prevent or settle, by conciliation or arbitration, industrial disputes; and

Attendance money.

“16bu.—(1.) The Commission is empowered to determine, by order, the terms and conditions in accordance with which, and the rates at which, the Authority shall pay attendance money to waterside workers.

“(2.) Where, in the opinion of the Authority, there is a concerted failure by all or any of the waterside workers registered at a port under the Stevedoring Industry Act 1956 to comply with a provision of that Act, an order of the Authority under that Act or an award or order of the Commission under this Division, the Authority may, by instrument in writing, suspend the operation of an order made under the last preceding sub-section in so far as it relates to waterside workers at that port.

“(3.) The Commission may, by order, upon application made by a Union, revoke the suspension under the last preceding sub-section of the operation of an order made under sub-section (1.) of this section, and the revocation has effect from such date, which may be a date earlier than the date of the revocation, and upon such terms and conditions, as the Commission directs.

“(4.) Where, at a port, arrangements exist for allotting waterside workers to stevedoring operations by means which do not require the daily attendance of waterside workers at an employment bureau at

the port, a waterside worker who does not attend at an employment bureau on any day on which he is not required by the Authority to so attend is not, by reason only of that non-attendance, disentitled to attendance money in respect of that day.

Jurisdiction of the Commission.

“16bv.—(1.) Subject to the next succeeding sub-section, the powers of the Commission in respect of an industrial question, and any other powers of the Commission under this Division, are exercisable by the Commission constituted by a presidential member of the Commission assigned by the President for the purpose and not otherwise.

“(2.) The powers of the Commission in respect of an industrial question—

(a) in relation to a matter referred to in sub-section (1.) of section sixteen s of this Act—are exercisable by the Commission in Presidential Session; and

(b) under section sixteen t or sixteen u of this Act—are exercisable by the Commission constituted as provided by whichever of those sections is applicable,

and not otherwise.

“(3.) The Commission shall not make an award or order in the exercise of its powers under this Division which, in the opinion of the Commission, will be inconsistent with an order of the Authority under the Stevedoring Industry Act 1956 unless the Commission has first consulted with the Chairman of the Authority and the Chairman has informed the Commission that the Authority has agreed to the making of the award or order by the Commission.

“(4.) An award or order made by the Commission in the exercise of its powers under this Division with the agreement of the Authority under the last preceding sub-section has effect notwithstanding anything inconsistent therewith contained in an order of the Authority made before the making of that award or order by the Commission, and the order of the Authority is, to the extent of the inconsistency, of no effect.

Powers and duties of Authority under awards or orders of the Commission.

“16bw.—(1.) An award or order of the Commission under this Division may—

(a) confer powers, and impose duties, on the Authority in respect of a matter dealt with in the award or order; and

(b) subject to the next succeeding sub-section, direct the Authority to pay amounts to waterside workers in such circumstances, and in accordance with such terms and conditions, as are specified in the award or order.

“(2.) A direction under paragraph (b) of the last preceding sub-section, other than a direction in relation to attendance money, shall not be included in an award or order of the Commission except with the approval of the Minister.

Directions to Authority, &c., to deal with industrial questions.

“16bx.—(1.) Where the Commission is of the opinion that an industrial question before the Commission concerns a matter in relation to which the Authority is empowered to make orders under section eighteen of the Stevedoring Industry Act 1956, the Commission may direct the Authority to deal with that industrial question and thereupon the Authority shall deal with that industrial question.

“(2.) Where the Commission is of the opinion that an industrial question before the Commission concerns a matter which relates to one port only, the Commission may, if the Authority so agrees, direct a member of the Authority, or an officer or employee of the Authority, to deal with that industrial question and thereupon that member, officer or employee, as the case may be, shall deal with that industrial question.

“(3.) Where, under this section, the Commission directs the Authority, or a member, officer or employee of the Authority, to deal with an industrial question, the powers of the Commission, and of the presidential member of the Commission referred to in sub-section (1.) of section sixteen bv of this Act, under this Division in relation to that industrial question are exercisable by the Authority, or by that member, officer or employee, as the case may be, as if the Authority, or that member, officer or employee, as the case may be, were the Commission constituted in accordance with this Division, or that presidential member, as the case may be.

“(4.) An award or order made by the Authority, or by a member, officer or employee of the Authority, by virtue of this section shall, for the purposes of this Act and the Stevedoring Industry Act 1956, be deemed to be an award made by the Commission under this Division.

Intervention, &c., by the Authority.

“16by.—(1.) The Authority may, in the public interest—

(a) intervene in a matter before the Commission under this Division;

(b) submit an industrial question to the Commission; or

“(2.) The Authority may, in proceedings before the Commission, be represented in such manner as the Commission allows.

Application of Division 1.

“16bz.—(1.) Subject to this Division, Division 1 of this Part extends to and in relation to the powers and functions of the Commission under this Division, to and in relation to proceedings under this Division and to and in relation to awards or orders made under this Division.

8. Section nineteen of the Principal Act is repealed and the following section inserted in its stead:—

Qualifications of Judges.

“19.—(1.) The qualifications of a Judge (including a Chief Judge) appointed after the commencement of this section are that he must be a presidential member of the Commission.

“(2.) A presidential member of the Commission who is appointed a Judge of the Commonwealth Court of Conciliation and Arbitration does not thereby cease to be such a member.”.

9. Sections twenty-three to thirty-three (inclusive) of the Principal Act are repealed and the following sections inserted in their stead:—

Oath or affirmation of office.

“22. A Judge shall, before proceeding to discharge the duties of his office, take before a Justice of the High Court or a Judge of the Supreme Court of a State an oath or affirmation in accordance with the form in the Schedule to this Act.

Jurisdiction of Court.

“23.—(1.) The Commonwealth Court of Conciliation and Arbitration is empowered, subject to this section—

(a) to give an interpretation of an award;

(b) to hear and determine a question referred to it under the next succeeding section; and

“(2.) An application for the interpretation of an award may be made by an organization or person bound by the award.

“(3.) The decision of the Court upon the application is final and conclusive and is binding on all organizations and persons bound by the award.

“(4.) Subject to the next succeeding sub-section, the jurisdiction of the Court shall be exercised by not less than two Judges.

“(5.) The jurisdiction of the Court under paragraph (a) or (c) of sub-section (1.) of this section, or with respect to a prescribed matter of practice or procedure, may be exercised by a single Judge.

“(6.) Where the members of the Court are divided in opinion on a question, the question shall be decided according to the decision of the majority, if there is a majority, but if the members of the Court are equally divided in opinion, the question shall be decided according to the opinion of the Chief Judge, or, if the Chief Judge is not a member of the Court or there is a vacancy in the office of Chief Judge, according to the opinion of the senior Judge present.

Reference by Commission of questions of law.

“24.—(1.) The Commission may refer a question of law arising in a matter before the Commission for the opinion of the Commonwealth Court of Conciliation and Arbitration.

“(2.) Notwithstanding the reference of a question to the Court under this section (not being a question whether the Commission may exercise powers under this Act in relation to a matter), the Commission may make an award in the matter in which the question arose.

“(3.) Upon the determination by the Court of a question referred to it under this section—

(a) if the Commission has not made an award in the matter in which the question arose, the Commission may make an award not inconsistent with the opinion of the Court; or

(b) if the Commission has made an award in the matter in which the question arose, the Commission shall vary that award in such a way as will make it consistent with the opinion of the Court.

Limitation on appeals to High Court.

“25. An appeal does not lie to the High Court from a judgment or order of the Commonwealth Court of Conciliation and Arbitration under this Part.”.

10. Part IV. of the Principal Act is repealed and the following Part inserted in its stead:—

“Part IV.—The Commonwealth Industrial Court.

Constitution of Court.

“26. There shall be a federal court to be known as the Commonwealth Industrial Court, which—

(a) shall consist of a Chief Judge and not more than two other Judges; and

(b) shall be a Superior Court of Record

Appointment of Judges.

“27.—(1.) The Chief Judge and each other Judge—

(a) shall be appointed by the Governor-General by commission; and

(b) shall not be removed except by the Governor-General, on an address from both Houses of the Parliament in the same session, praying for his removal on the ground of proved misbehaviour or incapacity.

“(2.) For the purposes of this Act, a Judge shall have seniority according to the date of his commission, or, in the case of a Judge who, immediately before his appointment, was a Judge of the Commonwealth Court of Conciliation and Arbitration, according to the date of his commission of appointment as a Judge of that Court.

Qualifications of Judges.

“28. The qualifications of the Chief Judge and of each other Judge are as follows:—

(a) he must be a Judge of the Commonwealth Court of Conciliation and Arbitration;

(b) he must be a presidential member of the Commission; or

(c) he must be or have been a barrister or solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing.

Absence, &c., of Chief Judge.

“29. During the absence on leave of the Chief Judge, or during a vacancy in the office of Chief Judge, the next senior Judge who is not absent on leave and is willing to act shall act as Chief Judge and shall have and may exercise all the powers and functions of the Chief Judge.

Salaries and travelling expenses.

“30.—(1.) The Chief Judge shall receive salary at the rate of Six thousand five hundred pounds a year and each other Judge shall receive salary at the rate of Five thousand five hundred pounds a year, and the Consolidated Revenue Fund is appropriated accordingly.

“(2.) The salaries of the Chief Judge and of the other Judges grow due from day to day but are payable monthly.

“(3.) The Chief Judge and each other Judge shall be paid such travelling expenses as are considered reasonable by the Attorney-General.

Oath or affirmation of office.

“31. A Judge shall, before proceeding to discharge the duties of his office, take before a Justice of the High Court or a Judge of the Supreme Court of a State an oath or affirmation in accordance with the form in the Schedule to this Act.

Exercise of Court’s Jurisdiction.

“32.—(1.) Subject to this Act, the jurisdiction of the Court shall be exercised by not less than two Judges.

“(2.) The jurisdiction of the Court may be exercised by a single Judge with respect to—

(a) proceedings for an offence against section five of this Act and the making of orders under sub-section (5.) of that section;

(b) the interpretation of an award;

(d) an application under section seventy-one of this Act;

(e) the powers of the Court under section eighty or eighty-one of this Act;

(f) a question or dispute arising under section eighty-three a of this Act;

(g) the powers of the Court under section eighty-eight or eighty-nine of this Act; or

(h) a prescribed matter of practice or procedure.

“(3.) The Court constituted by one or more Judges may sit and exercise the jurisdiction of the Court, whether under this Act or otherwise, notwithstanding that the Court constituted by one or more Judges is at the same time sitting and exercising the jurisdiction of the Court, whether under this Act or otherwise.

“(4.) Where the members of the Court are divided in opinion on a question, the question shall be decided according to the decision of the majority, if there is a majority, but, if the members of the Court are equally divided in opinion, the question shall be decided according

to the opinion of the Chief Judge, or, if the Chief Judge is not a member of the Court or there is a vacancy in the office of Chief Judge, according to the opinion of the senior Judge present.

Reference to Full Court.

“33.—(1.) A single Judge exercising the jurisdiction of the Court may, if he thinks fit, refer a question of law arising in a matter before him for the opinion of the Court constituted by not less than two Judges.

“(2.) The Court so constituted shall hear and determine the question so referred to it.

Intervention by Attorney-General.

“34.—(1.) The Attorney-General may, on behalf of the Commonwealth, by giving to the Registrar notice in writing of his intention so to do, intervene in the public interest in a matter before the Court.

“(2.) Where the Attorney-General intervenes in accordance with this section, a person or organization may apply to the Court for leave to be heard and the Court may, if it is of opinion that it is desirable that the applicant should be heard, permit the applicant to be heard.

Reference by Commission of questions of law to the Court.

“35.—(1.) The Commission may refer a question of law arising in a matter before the Commission for the opinion of the Court.

“(2.) The Court shall hear and determine any question referred to it under the last preceding sub-section.

“(3.) Notwithstanding the reference of a question to the Court under this section (not being a question whether the Commission may exercise powers under this Act in relation to a matter), the Commission may make an award in the matter in which the question arose.

“(4.) Upon the determination by the Court of a question referred to it under this section—

(a) if the Commission has not made an award in the matter in which the question arose, the Commission may make an award not inconsistent with the opinion of the Court; or

(b) if the Commission has made an award in the matter in which the question arose, the Commission shall vary that award in such a way as will make it consistent with the opinion of the Court.

“(5.) The Governor-General may, by Proclamation, declare that the Court shall cease to exercise the jurisdiction conferred by this section and thereupon the Court shall cease to exercise that jurisdiction.

Validity of State orders and awards.

“36.—(1.) A person interested may apply to the Court for a declaration that a State law dealing with an industrial matter, or an order, award, decision or determination of a State Industrial Authority, is invalid under section sixteen ba of this Act.

“(2.) The applicant shall give fourteen days’ notice of the application to the Attorney-General of the State concerned, who shall have the right to appear upon the application.

“(3.) The Court shall hear and determine the application and make such declaration as it thinks just.

Powers of Court.

“37.—(1.) The Court is empowered—

(a) to order compliance with an award proved to the satisfaction of the Court to have been broken or not observed;

(b) to enjoin an organization or person from committing or continuing a contravention of this Act or a breach or non-observance of an award;

(c) to grant leave to appeal to the Court from an act or decision of the Registrar and to hear and determine an appeal in respect of which leave is so granted; and

(d) subject to section eighty-three a of this Act, to determine a question as to the eligibility of a person to become or remain a member of an organization.

“(2.) The Attorney-General may, on behalf of the Commonwealth, and in the public interest, apply to the Court for an order under paragraph (a) or (b) of the last preceding sub-section but this sub-section does not prejudice any right which any other person has to apply for such an order.

“(3.) Without prejudice to the operation of any provision of any other law providing for the enforcement of awards or orders referred to in this sub-section, the powers of the Court under paragraphs (a) and (b) of sub-section (1.) of this section apply also in relation to—

(a) awards and orders prescribing, directly or indirectly, terms and conditions of employment and made by a prescribed tribunal in pursuance of a law of the Commonwealth other than this Act; and

(b) provisions in force by virtue of such an award or order.

Interpretation of awards.

“38.—(1.) The Court is empowered, subject to this section, to give an interpretation of an award.

“(2.) An application for the interpretation of an award may be made by an organization or person bound by the award.

“(3.) The decision of the Court upon the application is final and conclusive and is binding on all organizations and persons bound by the award.

“(4.) The Governor-General may, by Proclamation, declare that the Court shall cease to exercise the jurisdiction conferred by this section and thereupon the Court shall cease to exercise that jurisdiction.

Contempt of Court.

“39.—(1.) The Court has the same power to punish contempts of its power and authority as is possessed by the High Court in respect of contempts of the High Court.

“(2.) The jurisdiction of the Court to punish a contempt of the Court committed in the face or hearing of the Court, when constituted by a single Judge, may be exercised by that Judge; in any other case, the jurisdiction of the Court to punish a contempt of the Court shall (without prejudice to the operation of sub-section (4.) of section thirty-two of this Act) be exercised by not less than two Judges.

“(3.) The Court has power to punish, as a contempt of the Court, an act or omission although a penalty is provided in respect of that act or omission under some other provision of this Act or under some other Act.

“(4.) The maximum penalty which the Court is empowered to impose in respect of a contempt of the Court consisting of a failure to comply with an order of the Court made under paragraph (a) or (b) of sub-section (1.) of section thirty-seven of this Act is—

(a) where the contempt was committed by an organization (not consisting of a single employer)—Five hundred pounds;

(b) where the contempt was committed by an employer, or the holder of an office in an organization, being an office specified in paragraph (a), (aa) or (b) of the definition of ‘Office’ in section four of this Act—Two hundred pounds or imprisonment for twelve months; or

References by the Registrar.

“40.—(1.) The Registrar may refer a matter, or a question arising in connexion with a matter, before him to the Court for decision.

“(2.) The Court is empowered to hear and determine a matter or question so referred to it or may refer the matter or question back to the Registrar for decision, with or without such directions or suggestions as the Court thinks fit.

Appeals.

“41.—(1.) The Court has jurisdiction to hear and determine an appeal from a judgment, decree, order or sentence of a State court (not being a Supreme Court) or of a court of a Territory of the Commonwealth made, given or pronounced in a matter arising under—

(a) this Act; or

(b) the Public Service Arbitration Act 1920–1956.

“(2.) It is not necessary to obtain the leave either of the Court or of the court appealed from in respect of an appeal under the last preceding sub-section.

“(3.) An appeal does not lie to the High Court from a judgment, decree, order or sentence from which an appeal may be brought to the Court under sub-section (1.) of this section.

“(4.) The jurisdiction of the Court under sub-section (1.) of this section is exclusive of the jurisdiction of a State court or court of a Territory of the Commonwealth to hear and determine an appeal from a judgment, decree, order or sentence from which an appeal may be brought to the Court under that sub-section.

Limitation on appeals to High Court.

“42.—(1.) An appeal does not lie to the High Court from a judgment, decree, order or sentence of the Court under section thirty-five, thirty-seven, thirty-eight, thirty-nine or forty, or under Part VIa. or VIb., of this Act.

“(2.) An appeal does not lie to the High Court from any other judgment, decree, order or sentence of the Court unless the High Court grants leave to appeal.

Powers on appeal.

“43. Upon the hearing of an appeal under this Part, the Court may—

(a) affirm, reverse or modify the judgment, decree, order or sentence appealed from;

(b) give such judgment, or make such order, as in all the circumstances it thinks fit, or refuse to make an order; and

Costs.

“44. The Court may make such orders as it thinks just as to the costs and expenses (including the expenses of witnesses) of proceedings before the Court, including proceedings dismissed for want of jurisdiction.

Enforcement of judgments and orders.

“45. Judgments and orders of the Court may be enforced as prescribed.

Practice and procedure.

“46. Subject to this Act, the practice and procedure of the Court shall be as prescribed.”.

Imposition and recovery of penalties.

11. Section fifty-nine of the Principal Act is amended by omitting paragraphs (a) and (b) of sub-section (1.) and inserting in their stead the following paragraphs:—

“(a) the maximum penalty provided by the order or award for a breach or non-observance of a term of the order or award; or

“(b) if no maximum penalty is so provided, the maximum penalty which the Commission has power to fix for a breach or non-observance of a term of the order or award,”.

12. After section sixty-three of the Principal Act the following section is inserted:—

Unclaimed moneys.

“63a.—(1.) Where—

(a) an employee has left the employment of an employer without having been paid an amount to which he is entitled under an order or award; and

(b) the employer is unable to make payment of that amount because the whereabouts of the employee are unknown to him,

the employer may pay that amount to the Commonwealth.

“(2.) The Commonwealth shall hold an amount paid to it under the last preceding sub-section in trust for the employee.

“(3.) Payment of an amount to the Commonwealth under sub-section (1.) of this section is a sufficient discharge to the employer, as against the employee, for the amount paid.”.

Inspectors.

13. Section sixty-four of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “and orders made under this Act”;

(b) by omitting from sub-section (4.) the words “or order of the Court”; and

14. Section sixty-five of the Principal Act is repealed and the following section inserted in its stead:—

Directions that proceedings be instituted.

“65. The Registrar or an Inspector referred to in the last preceding section shall, whenever so directed by a member of the Commission, institute proceedings for an offence against this Act or for the recovery of a penalty under section fifty-nine of this Act.”.

Headings.

15. The Principal Act is amended by omitting the headings preceding section sixty-six and inserting in their stead the following heading:—

“Part VI.—Registries and Registrars.”.

16. After section sixty-eight of the Principal Act the following section is inserted:—

Duties of Registrar.

“68a. Subject to this Act and the regulations, the duties of the Industrial Registrar and the Deputy Industrial Registrars shall be as the Chief Judge and the President jointly direct.”.

Heading.

17. The Principal Act is amended by omitting the heading preceding section seventy and inserting in its stead the following heading:—

“Part VIa.—Registered Organizations.”.

Registration of organizations.

18. Section seventy of the Principal Act is amended—

(a) by omitting the proviso to paragraph (a) of sub-section (1.) and inserting in its stead the following proviso:—

“Provided that an association of employers may be registered as an organization notwithstanding that it contains, in addition to employers in or in connexion with the industry, other persons, whether employers in the industry or not, who are officers of the association and have been admitted as members of the association;”;

(b) by omitting paragraphs (b) and (c) of that sub-section and inserting in their stead the following paragraphs:—

“(b) Any association of not less than one hundred employees in or in connexion with any industry, together with other persons, whether employees in the industry or not, who are officers of the association and have been admitted as members of the association; and

“(c) Any association of not less than one hundred employees engaged in an industrial pursuit or pursuits, together with other persons, whether employees engaged in an industrial pursuit or pursuits or not, who are officers of the association and have been admitted as members of the association.“; and

Repeal of ss.72 and 73.

19. Sections seventy-two and seventy-three of the Principal Act are repealed.

Power of organization to change its name.

20. Section seventy-six of the Principal Act is repealed.

Incitement to boycott awards forbidden.

21. Section seventy-eight of the Principal Act is amended by omitting sub-sections (4.) and (5.) and inserting in their stead the following sub-section:—

“(4.) In this section, ‘award’ includes an award or order prescribing, directly or indirectly, terms and conditions of employment and made by a prescribed tribunal in pursuance of a law of the Commonwealth other than this Act, and also includes provisions in force by virtue of such an award or order.

Penalty: One hundred pounds.”.

22. Section seventy-nine of the Principal Act is repealed and the following section inserted in its stead:—

Alterations of name or rules of organizations.

“79.—(1.) A change of the name of an organization or an alteration of its rules in so far as they relate to conditions of eligibility for membership or the description of the industry in connexion with which the organization is registered shall not have effect unless the Registrar consents to the change or alteration upon an application made as prescribed.

“(2.) The Registrar may consent to the change or alteration in whole or in part.

“(3.) The Registrar shall record the change or alteration to which he has consented in the register and upon the certificate of registration and thereupon the change or alteration shall have effect.

“(4.) An alteration of the rules of an organization to which the consent of the Registrar under this section is not required does not have effect until particulars of the alteration have been filed in the office of the Registrar and the Registrar has certified that the alteration is not, in his opinion, inconsistent with any Act, the regulations or an order or award.”.

Entitlement to membership of organizations.

23. Section eighty-three a of the Principal Act is amended by inserting after sub-section (4.) the following sub-section:—

“(4a.) An application for an order under this section may be made by the organization or employee concerned, or by a person who is the employer, or desires to become the employer, of the employee concerned.”.

Records to be kept and filed by organizations.

24. Section ninety-one of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “keep”, the words “, in accordance with this section,”; and

(b) by omitting sub-sections (8.) and (9.) and inserting in their stead the following sub-sections:—

“(8.) Subject to the succeeding provisions of this section, the records required by sub-section (1.) of this section to be kept by an organization shall be kept at the office of the organization.

“(9.) A record referred to in the last preceding sub-section may, so far as it relates to a branch of the organization, be kept in a separate part or section at the office of the branch.

“(9a.) An organization may apply to the Registrar for permission to keep a record referred to in sub-section (8.) of this section, either wholly or to an extent specified in the application, at specified premises of the organization or of a branch of the organization in lieu of the office of the organization or of a branch of the organization.

“(9b.) The Registrar may, in his discretion, by writing under his hand, grant permission in accordance with an application under the last preceding sub-section if he is satisfied that the record, to the extent that it is kept at the premises specified in the application—

(a) will be under the effective control of the organization or branch of the organization; and

(b) will, in the case of a register of members, be available for inspection in accordance with this section.

“(9c.) While a permission under the last preceding sub-section is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises so specified.

“(9d.) A person authorized by the Registrar may inspect, and make copies of or extracts from, the register of members of an organization or a part or section of that register during such periods as the Registrar specifies during the usual office hours observed at the office of the organization, or the office of a branch of the organization, at which, or at premises in lieu of which, the register, or the part or section, is kept, and an organization shall cause its register of members, or each part or section of that register, to be at all relevant times available for the purposes of this sub-section to persons so authorized by the Registrar at the office or premises where the register, part or section is kept.

Penalty: Twenty pounds.”.

Heading.

25. The Principal Act is amended by omitting the heading preceding section ninety-six a and inserting in its stead the following heading:—

“Part VIb.—Disputed Elections in Organizations.”.

Action by Registrar.

26. Section ninety-six b of the Principal Act is amended by omitting from sub-paragraph (ii) of paragraph (a) of sub-section (1.) the word “Division” and inserting in its stead the word “Part”.

Jurisdiction of Court.

27. Section ninety-six c of the Principal Act is amended by omitting from sub-section (2.) the words “Notwithstanding anything contained in section twenty-four of this Act, the” and inserting in their stead the word “The”.

Procedure at hearing.

28. Section ninety-six f of the Principal Act is amended by omitting sub-sections (4.) and (5.) and inserting in their stead the following sub-section:—

“(4.) For the purposes of this Part—

(a) the procedure of the Court is, subject to this Act and the regulations, within the discretion of the Court;

(b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence but may inform itself on any matter in such manner as it thinks just; and

(c) the Court shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms.”.

Enforcement of orders.

29. Section ninety-six h of the Principal Act is amended by omitting from sub-sections (1.) and (2.) the word “Division” and inserting in its stead the word “Part”.

Registrar to conduct elections upon request.

30.—(1.) Section ninety-six m of the Principal Act is amended—

(a) by omitting from sub-section (8.) the word “Division” and inserting in its stead the word “Part”; and

(b) by omitting sub-section (10.) and inserting in its stead the following sub-sections:—

“(10.) Subject to the next succeeding sub-section, the expenses of an election conducted under this section shall be borne by the organization or branch of the organization concerned.

“(10a.) The expenses to which the last preceding sub-section applies do not include—

(a) the salary or other remuneration of an officer or employee of the Commonwealth performing any duty in relation to the election (including a person employed by the Commonwealth solely for the purposes of the election); or

(b) expenses in connexion with the provision or use of premises provided by the Commonwealth for the purposes of the election (including premises obtained by the Commonwealth solely for the purposes of the election).”.

(2.) The amendment made by paragraph (b) of the last preceding sub-section applies, and shall be deemed to have applied, in relation to elections conducted before the date of commencement of this section as well as in relation to elections conducted after that date.

Offences in connexion with elections.

31. Section ninety-six n of the Principal Act is amended—

(a) by inserting in paragraph (b) of sub-section (2.), after the word “violence”, the word “, injury”;

(b) by omitting the words “Penalty: One hundred pounds or imprisonment for twelve months, or both.”; and

“(3.) A person shall not threaten, offer, suggest, use, cause, inflict or procure any violence, injury, punishment, damage, loss or disadvantage for or on account of, or for the purpose of preventing, anything lawfully done or proposed to be lawfully done by a person for the purpose of causing or enabling a request to be made by an organization or branch of an organization under the last preceding section, including the signing of an instrument of request or the seeking or obtaining of signatures to such an instrument.

Penalty: One hundred pounds or imprisonment for twelve months, or both.”.

32. Section one hundred and four of the Principal Act is repealed and the following section inserted in its stead:—

Variation of agreement to conform with common rule.

“104. On the application of an organization made in the prescribed manner, the Commission may order that an industrial agreement be varied so that, in relation to employment in a Territory of the Commonwealth, it is in conformity with any common rule declared by the Commission.”.

Repeal of ss. 106, 107, 108 and 109.

33. Sections one hundred and six, one hundred and seven, one hundred and eight and one hundred and nine of the Principal Act are repealed.

34. Section one hundred and eleven of the Principal Act is repealed and the following section inserted in its stead:—

Offences in relation to Commission.

“111. A person shall not—

(a) wilfully insult or disturb a member of the Commission when exercising powers or functions under this Act;

(b) interrupt the proceedings of the Commission;

(d) by writing or speech use words calculated—

(i) to influence improperly a member of the Commission or a witness before the Commission; or

(ii) to bring a member of the Commission or the Commission into disrepute.

Penalty: One hundred pounds or imprisonment for twelve months, or both.”.

Creating disturbance near Court.

35. Section one hundred and twelve of the Principal Act is amended by omitting the words “a Conciliation Commissioner” and inserting in their stead the words “the Commission”.

Contempt by witness.

36. Section one hundred and thirteen of the Principal Act is amended by omitting the words “a Conciliation Commissioner” (wherever occurring) and inserting in their stead the words “the Commission”.

37. After section one hundred and thirteen of the Principal Act the following section is inserted:—

False representation as to membership of organization.

“113a. A person shall not falsely represent in an application made under this Act that he is a member of an organization.

Penalty: Fifty pounds or imprisonment for six months.”.

Trade secrets, &c., tendered in evidence.

38. Section one hundred and fourteen of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “a Conciliation Commissioner” and inserting in their stead the words “the Commission”;

(b) by omitting from sub-section (1.) the words “Conciliation Commissioner” (second and third occurring) and inserting in their stead the word “Commission”; and

(c) by omitting from sub-sections (2.) and (3.) the words “a Conciliation Commissioner” and inserting in their stead the words “the Commission”.

39. Section one hundred and fifteen of the Principal Act is repealed and the following section inserted in its stead:—

Inspection of books, &c.

“115. All books, papers, documents and things produced in evidence before the Court or the Commission may be inspected by the Court or the Commission or by such of the parties as the Court or the Commission allows.”.

Penalties imposed by organizations upon workmen observing awards.

40. Section one hundred and sixteen of the Principal Act is amended—

(a) by omitting the words “or order”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) In this section, ‘award’ includes an award or order, prescribing, directly or indirectly, terms and conditions of employment and made by a prescribed tribunal in pursuance of a law of the Commonwealth other than this Act, and also includes provisions in force by virtue of such an award or order.”.

Evidence of awards.

41. Section one hundred and twenty-one of the Principal Act is amended by omitting the word “Court” (wherever occurring) and inserting in its stead the word “Commission”.

42. After section one hundred and twenty-one of the Principal Act the following sections are inserted:—

Interpretation.

“121a. In sections one hundred and twelve, one hundred and thirteen, one hundred and fourteen, one hundred and fifteen, one hundred and twenty-one and one hundred and twenty-four of this Act, references to the Commission shall be read as including references to the Commonwealth Court of Conciliation and Arbitration.

Incorporation of variations in reprints of awards.

“121b.—(1.) Where an award has, whether before or after the commencement of this section, been varied, the award shall, in any reprint of the award made by the Government Printer, be printed as so varied.

“(2.) In a reprint of an award as varied, reference shall be made to each award by which the award was varied.

“(3.) A printed paper purporting to be a copy of a reprint of an award as varied and to be printed by the Government Printer is, in all courts, evidence of the award as varied.”.

Regulations.

43. Section one hundred and twenty-four of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “Conciliation Commissioners” and inserting in their stead the words “the Commission”; and

(b) by inserting in sub-section (2.), after the word “Court” (wherever occurring), the words “or the Commission”.

The Schedules.

44. The Schedules to the Principal Act are repealed and the following Schedule is inserted in their stead:—

“THE SCHEDULE.

Sections 11, 16c, 22 and 31.

“I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law, that I will well and truly serve Her in the office of (insert name of office) and that I will faithfully and impartially perform the duties of that office. So Help Me God!

“Or, I, , do solemnly and sincerely promise and declare that (as above, omitting the words ‘So Help Me God!’).”.

Part III.—Transitional Provisions.

Definitions.

45. In this Part, unless the contrary intention appears—

“industrial dispute” has the same meaning as in section four of the Principal Act as amended by this Act;

“industrial question” has the same meaning as in Division 2 or Division 3, as the case may be, of Part III. of the Principal Act as amended by this Act;

“the Commission” means the Commonwealth Conciliation and Arbitration Commission;

“the Court” means the Commonwealth Court of Conciliation and Arbitration.

Continuance of certain proceedings before Commonwealth Court of Conciliation and Arbitration.

46. The Court constituted as provided by the Principal Act, the Navigation Act 1912–1953 or the Snowy Mountains Hydro-electric Power Act 1949–1955, as the case may be, is empowered to continue and complete the hearing and determination of industrial disputes, industrial questions and other matters (but not including matters the determination of which involves the exercise of judicial power) the hearing and determination of which had been begun by the Court but had not been completed before the commencement of this section.

Continuance of certain proceedings commenced before Conciliation Commissioners.

47. The Commission shall continue and complete the hearing and determination, in accordance with the Principal Act as amended by this Act, of industrial disputes and other matters the hearing and determination of which had been begun by a Conciliation Commissioner but had not been completed before the commencement of this section.

Continuance of hearings.

48. In the continuance of the hearing of an industrial dispute, industrial question or other matter under either of the last two preceding sections, the Court or the Commission, as the case may be, shall have regard to any evidence given and arguments adduced during that portion of the hearing which took place before the commencement of this section.

Saving of awards and orders.

49.—(1.) Subject to the next succeeding sub-section, orders of the Court made before the commencement of this section, being orders made in the exercise of judicial power, have effect, and proceedings may

be taken thereon or in relation thereto (whether by way of enforcement or otherwise), as if this Act had not been enacted.

(2.) Orders of the Court made before the commencement of this section under Division 2 or Division 3 of Part VI. of the Principal Act and in force at the commencement of this section shall not cease to be in force by reason of the enactment of this Act and those orders, and any orders made under section forty-six of this Act in relation to a matter arising under Division 2 or Division 3 of Part VI. of the Principal Act—

(a) shall be deemed to be orders of the Commonwealth Industrial Court; and

(b) shall have effect, and proceedings may be taken thereon or in relation thereto (whether by way of enforcement or otherwise), under the Principal Act as amended by this Act as though they were orders of the Commonwealth Industrial Court.

(3.) Subject to the last two preceding sub-sections, awards and orders of the Court and of Conciliation Commissioners made before the commencement of this section and in force at the commencement of this section shall not cease to be in force by reason of the enactment of this Act and those awards and orders, and awards and orders made under section forty-six of this Act—

(a) shall be deemed to be awards and orders of the Commission; and

(4.) Subject to the next succeeding sub-section, this section extends to awards and orders made under an Act other than the Principal Act.

(5.) Sub-section (3.) of this section does not extend to awards and orders made under the Stevedoring Industry Act 1949–1954.

Continuation of application of certain Acts.

50. For the purposes of section forty-six, and of sub-section (1.) of section forty-nine, of this Act—

(a) in relation to matters arising under the Principal Act—that Act;

(b) in relation to matters arising under the Navigation Act 1912–1953—the Principal Act and that Act; and

(c) in relation to matters arising under the Snowy Mountains Hydro-electric Power Act 1949–1955—the Principal Act and that Act,

and the regulations in force under the Principal Act continue in force as if this Act had not been enacted.

References and appeals.

51. Where, before the commencement of this section—

(a) an industrial dispute or an industrial question had been referred to the Court under section fourteen a of the Principal Act, section four hundred and five h of the Navigation Act 1912–1953 or section twenty-four ca of the Snowy Mountains Hydro-electric Power Act 1949–1955; or

(b) leave to appeal had been granted under section thirty-one a of the Principal Act, section four hundred and five k of the Navigation Act 1912–1953 or section twenty-four cc of the Snowy Mountains Hydro-electric Power Act 1949–1955,

but the Court had not, before the commencement of this section, commenced the hearing of the industrial dispute, industrial question or appeal, the industrial dispute, industrial question or appeal shall be dealt with under section thirty-four or section thirty-five, as the case may be, of the Principal Act as amended by this Act.

Certification of agreements.

52. The provisions of section thirty-one of the Principal Act as amended by this Act extend to agreements arrived at before the commencement of this section but not certified under section thirty-seven of the Principal Act.

President may give directions as to constitution of Commission in certain cases.

53. If any question arises as to the manner in which the Commission should be constituted for the purpose of continuing and completing the hearing and determination of an industrial dispute, industrial question or other matter under this Part or for the purpose of any other proceedings under this Part, the President of the Commission may give a direction as to the manner in which the Commission shall be constituted for that purpose and the Commission so constituted is empowered to continue and complete the hearing and determination of that industrial dispute, industrial question or other matter or to deal with those other proceedings.

Part IV.—Re-numbering.

Re-numbering.

54.—(1.) A Part or section of the Principal Act, as amended by the foregoing provisions of this Act, the number of which is specified in a column headed “Existing number” in the First Schedule to this Act is re-numbered as specified opposite to that number in the next succeeding column headed “New number” in that Schedule.

(2.) A reference in a law of the Commonwealth or of a Territory of the Commonwealth, or in an instrument or document, to a Part or section of the Principal Act shall, if that Part or section has been re-numbered in pursuance of this section, be read as a reference to that Part or section as so re-numbered.

Consequential amendments.

55. The Principal Act, as amended by the foregoing provisions of this Act (other than the provisions of the last preceding section), is amended as set out in the Second Schedule to this Act.

THE SCHEDULES

FIRST SCHEDULE.

Section 54.

Re-numbering.

Existing number.	New number.	Existing number.	New number.	Existing number.	New number.
Section	Section	Section	Section	Section	Section
No.—	No.—	No.—	No.—	No—	No.—
16a	17	16bb	66	37	109
16b	18	16bc	67	38	110
16c	19	16bd	68	39	111
16d	20	16be	69	40	112
16e	21	16bf	70	41	113
		16bg	71	42	114
		16bh	72	43	115
Part No. IIa. Section No.—	Part No. III. Section No.—	16bj	73	44	116
		16bk	74	45	117
		16bl	75	46	118
		16bm	76
16f	22	16bn	77
16g	23	16bp	78
16h	24	16bq	79	Part No. v. Section No.—	Part No. vi. Section No.—
16j	25	16br	80
16k	26	16bs	81
16l	27	16bt	82
16m	28	16bu	83	59	119
16n	29	16bv	84	60	120
16p	30	16bw	85	61	121
16q	31	16bx	86	62	122
16r	32	16by	87	63	123
16s	33	16bz	88	63a	124
16t	34			64	125
16u	35			65	126
16v	36	Part No. III. Section No.—	Part No. iv. Section No.—
16w	37
16x	38
16y	39			Part No. vi. Section No.—	Part No. VII. Section No.—
16z	40	17	89
16aa	41	18	90
16ab	42	19	91
16ac	43	20	92	66	127
16ad	44	21	93	67	128
16ae	45	22	94	68	129
16af	46	23	95	68a	130
16ag	47	24	96	69	131
16ah	48	25	97
16aj	49
16ak	50
16al	51	Part No. iv. Section No.—	Part No. v. Section No.—
16am	52			Part No. VIa. Section No.—	Part No. VIII. Section No.—
16an	53
16ap	54
16aq	55	26	98
16ar	56	27	99	70	132
16as	57	28	100	70a	133
16at	58	29	101	71	134
16au	59	30	102	74	135
16av	60	31	103	75	136
16aw	61	32	104	77	137
16ax	62	33	105	78	138
16ay	63	34	106	79	139
16az	64	35	107	80	140
16ba	65	36	108	81	141

First Schedule—continued.

Existing number.	New number.	Existing number.	New number.	Existing number.	New number.
Section No.—	Section No.—	Section No.—	Section No.—	Part No. VIII. Section No.—	Part No. XI. Section No.—
82	142	96d	162
83	143	96e	163
83a	144	96f	164
84	145	96g	165	110	181
85	146	96h	166	111	182
86	147	96j	167	112	183
87	148	96k	168	113	184
88	149	96l	169	113a	185
89	150	96m	170	114	186
90	151	96n	171	115	187
91	152			116	188
9lA	153			117	189
92	154	Part No. VII. Section No.—	Part No. X. Section No.—	118	190
93	155			119	191
94	156			120	192
95	157			121	193
96	158	97	172	121a	194
		98	173	121b	195
Part No. VIb. Section No.—	Part No. IX. Section No.—	99	174	122	196
		100	175	123	197
		101	176	124	198
		102	177
96a.	159	103	178
96b	160	104	179
96c	161	105	180

SECOND SCHEDULE.

Section 55.

Amendments.

Provisions amended.	Amendments.
Section 3.............	Repeal and insert—
	“3. This Act is divided into Parts, as follows:—
	Part I.—Introductory (Sections 1–5).
	Part II.—The Commonwealth Conciliation and Arbitration Commission (Sections 6–21).
	Part III.—Powers and Functions of the Commission.
	Division 1.—Industrial Disputes Generally (Sections 22–70).
	Division 2.—Industrial Matters—Maritime Industries (Sections 71–75).
	Division 3.—Industrial Matters—Snowy Mountains Area (Sections 76–80).
	Division 4.—Industrial Matters—Stevedoring Industry (Sections 81–88).
	Part IV.—The Commonwealth Court of Conciliation and Arbitration (Sections 89–97).
	Part V.—The Commonwealth Industrial Court (Sections 98–118).
	Part VI.—The Enforcement of Orders and Awards (Sections 119–126).

Second Schedule—continued.

Provisions amended.	Amendments.
Section 3—continued.	Repeal and insert—continued.
	Part VII.—Registries and Registrars (Sections 127–131).
	Part VIII.—Registered Organizations (Sections 132–158).
	Part IX.—Disputed Elections in Organizations (Sections 159–171).
	Part X.—Industrial Agreements (Sections 172–180).
	Part XI.—Miscellaneous (Sections 181–198).”.
Section 4.............	Omit from the definition of Inquiry in sub-section (1.) “Part VIb.”, insert “Part IX.”.
Section 16s...........	Omit from sub-section (1.) “section sixteen q”, insert “section thirty-one”.
Section 16u...........	Omit from paragraph (b) of sub-section (2.) “section sixteen q”, insert “section thirty-one”.
	Omit from paragraph (c) of sub-section (2.) “section sixteen aa”, insert “section forty-one”.
Section 16v...........	Omit from sub-section (1.) “section sixteen s”, insert “section thirty-three”.
Section 16bj...........	Omit from paragraph (a) of sub-section (2.) “section sixteen s”, insert “section thirty-three”.
	Omit from paragraph (b) of sub-section (2.) “section six-teen tor sixteen u”, insert “section thirty-four or thirty-five”.
Section 16bp..........	Omit from paragraph (a) of sub-section (2.) “section sixteen s”, insert “section thirty-three”.
	Omit from paragraph (b) of sub-section (2.) “section sixteen T or sixteen u”, insert “section thirty-four or thirty-five”.
Section 16br...........	Omit from sub-section (2.) “section sixteen bp”, insert “section seventy-eight”.
Section 16bv..........	Omit from paragraph (a) of sub-section (2.) “section sixteen s”, insert “section thirty-three”.
	Omit from paragraph (b) of sub-section (2.) “section sixteen t or sixteen u”, insert “section thirty-four or thirty-five”.
Section 16bx..........	Omit from sub-section (3.) “section sixteen bv”, insert “section eighty-four”.
Section 16bz..........	Omit from sub-section (2.) “section sixteen bv”, insert “section eighty-four”.
Section 32............	Omit from paragraph (c) of sub-section (2.) “section thirty-seven”, insert “section one hundred and nine”.
	Omit from paragraph (d) of sub-section (2.) “section seventy-one”, insert “section one hundred and thirty-four”.
	Omit from paragraph (e) of sub-section (2.) “section eighty or eighty-one”, insert “section one hundred and forty or one hundred and forty-one”.
	Omit from paragraph (f) of sub-section (2.) section eighty-three a”, insert “section one hundred and forty-four”.
	Omit from paragraph (g) of sub-section (2.) section eighty-eight or eighty-nine”, insert “section one hundred and forty-nine or one hundred and fifty”.
Section 36............	Omit from sub-section (1.) “section sixteen ba”, insert “section sixty-five”.
Section 37............	Omit from paragraph (d) of sub-section (1.) “section eighty-three a insert “section one hundred and forty-four”.
Section 39............	Omit from sub-section (2.) “section thirty-two”, insert “section one hundred and four”.
	Omit from sub-section (4.) “section thirty-seven”, insert “section one hundred and nine”.

Second Schedule—continued.

Provisions amended.	Amendments.
Section 42..........	Omit from sub-section (1.) “section thirty-five, thirty-seven, thirty-eight, thirty-nine or forty, or under Part VIa. or VIb.”, insert “section one hundred and seven, one hundred and nine, one hundred and ten, one hundred and eleven or one hundred and twelve, or under Part VIII. or IX.”.
Section 59..........	Omit from paragraph (aa) of sub-section (2.) section sixty-four”, insert “section one hundred and twenty-five”.
Section 60..........	Omit “section sixty-two”, insert “section one hundred and twenty-two”.
Section 61..........	Omit “section fifty-nine”, insert “section one hundred and nineteen”.
Section 65..........	Omit “section fifty-nine”, insert “section one hundred and nineteen”.
Section 83..........	Omit from paragraph (h) of sub-section (1.) “section seventy”, insert “section one hundred and thirty-two of this Act”.
Section 96m.........	Omit from sub-section (11.) “section ninety-one”, insert “section one hundred and fifty-two”.
Section 121a.........	Omit “sections one hundred and twelve, one hundred and thirteen, one hundred and fourteen, one hundred and fifteen, one hundred and twenty-one and one hundred and twenty-four”, insert “sections one hundred and eighty-three, one hundred and eighty-four, one hundred and eighty-six, one hundred and eighty-seven, one hundred and ninety-three and one hundred and ninety-eight”.
The Schedule........	Omit “Sections 11, 16c, 22 and 31.”, insert “Sections 11, 19, 94 and 103.”.

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