Conciliation and Arbitration
No. 12 of 1969
An Act to amend the Conciliation and Arbitration Act 1904-1968.
[Assented to 23 April 1969]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Conciliation and Arbitration Act 1969.
(2.) The Conciliation and Arbitration Act 1904-1968 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 1904-1969.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Interpretation.
3. Section 4 of the Principal Act is amended by inserting in paragraph (e) of the definition of “Industrial dispute” in sub-section (1.), after the word “Arbitrator”, the words “or a Deputy Public Service Arbitrator”.
Preservation of rights of Commissioners.
4. Section 12 of the Principal Act is amended—
(a) by omitting from sub-paragraph (ii) of paragraph (a) of subsection (1.) the word “or”;
(b) by inserting after paragraph (a) of sub-section (1.) the following paragraph:—
“(aa) a Commissioner—
(i) was, immediately before his appointment, a Conciliator; and
(ii) was, immediately before his appointment as a Conciliator, an officer of the Public Service of the Commonwealth; or”;
(c) by inserting in sub-section (1.), after the words “as a Conciliation Commissioner and as a Commissioner,”, the words “as a Conciliator and as a Commissioner,”; and
(d) by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-section:—
“(2.) Where—
(a) a Commissioner—
(i) was, immediately before his appointment, a Conciliator; and
(ii) was, immediately before his appointment as a Conciliator, an officer of the Public Service of a State; or
(b) a Commissioner was, immediately before his appointment, an officer of the Public Service of a State,
he retains all his existing and accruing rights other than rights in respect of superannuation.”.
5. Section 20 of the Principal Act is repealed and the following section inserted in its stead:—
Preservation of rights of Conciliators.
“20. Section twelve of this Act, so far as it is capable of application, and sections 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.”.
Powers of the Commission in relation to matters affecting employees of the Commonwealth.
6. Section 41a of the Principal Act is amended by omitting paragraph (a) of sub-section (2.) and inserting in its stead the following paragraph:—
“(a) in the case of an award made by the Commission otherwise than under section thirty-four or section thirty-five of this Act—
(i) the award were a determination of the Public Service Arbitrator; and
(ii) any reference in those provisions to the Public Service Arbitrator were a reference to the Commission; and”.
Offences in relation to Commission.
7. Section 182 of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “under this Act”.