Conciliation and Arbitration Amendment Act 1984
No. 162 of 1984
An Act to amend the Conciliation and Arbitration Act 1904 and the Conciliation and Arbitration Amendment Act (No. 2) 1983
[Assented to 25 October 1984]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Conciliation and Arbitration Amendment Act 1984.
(2) The Conciliation and Arbitration Act 19041 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 13 shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 41 of the Conciliation and Arbitration Amendment Act (No. 2) 1983.
(3) Section 14 shall be deemed to have come into operation on 16 December 1983.
Absence of President
3. Section 10 of the Principal Act is amended by adding at the end thereof the following sub-section:
“(2) A Deputy President who is exercising powers or functions of the President pursuant to sub-section (1) shall be deemed, for the purposes of this Act, to be an Acting President of the Commission.”.
Vacation of office of Commissioners
4. (1) Section 15 of the Principal Act is amended by omitting from paragraph (d) “Minister” and substituting “President”.
(2) The amendment made by sub-section (1) applies only in respect of absences from duty that occur after the commencement of this section and, for the purposes of the operation of section 15 of the Principal Act as amended by this section, any grant of leave by the Minister before the commencement of this section in respect of an absence that occurs after that commencement shall be deemed to have been granted by the President.
5. After section 127 of the Principal Act the following section is inserted:
Acting Industrial Registrar or Deputy Industrial Registrar
“127a. (1) The Minister may appoint a person to act as Industrial Registrar or as a Deputy Industrial Registrar—
(a) during a vacancy in the office of Industrial Registrar or an office of Deputy Industrial Registrar, as the case may be; or
(b) during any period, or during all periods, when the Industrial Registrar or a Deputy Industrial Registrar, as the case may be, is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
“(3) The Minister may at any time terminate an…
Overview
The Conciliation and Arbitration Amendment Act 1984 (C2004A03026) was enacted to amend the Conciliation and Arbitration Act 1904 and the Conciliation and Arbitration Amendment Act (No. 2) 1983, thereby addressing issues related to the administration of industrial disputes and the functioning of the Australian Conciliation and Arbitration Commission. The Act was assented to on 25 October 1984 by the Queen, with the assent given by the Senate and the House of Representatives of the Commonwealth of Australia. Among other provisions, the Act updates the procedures for the appointment of Acting Presidents and Industrial Registrars, modifies rules for filling casual vacancies within organisations, and clarifies the application of financial reporting requirements to organisations divided into branches. The policy objective of these amendments is to ensure effective and efficient administration of the arbitration process and to enhance transparency and accountability in the operations of organisations within the scope of the Act.
Scope and Application
The Conciliation and Arbitration Amendment Act 1984 amends the Conciliation and Arbitration Act 1904 and the Conciliation and Arbitration Amendment Act (No. 2) 1983, applying to the Commonwealth and affecting entities involved in industrial relations, including employers, employees, unions, and associations. The Act provides mechanisms for the appointment of Acting Presidents, Acting Industrial Registrars, and Deputy Industrial Registrars during absences or vacancies, ensuring continuity in the operations of the Commission. It also regulates the filling of casual vacancies within organisations, stipulating that such vacancies must be filled by ordinary elections if the unexpired term exceeds 12 months or three-quarters of the full term, whichever is greater. Furthermore, the Act mandates the filing of reports, accounts, and statements with the Registrar and imposes penalties for non-compliance, ensuring transparency and accountability within organisations. The provisions apply nationally, with no specific exclusions mentioned in the text. The Act also includes provisions for consequential and formal amendments to other related statutes, ensuring consistency and coherence across the legislative framework.
Key Provisions
- The Conciliation and Arbitration Amendment Act 1984 amends several key sections of the Conciliation and Arbitration Act 1904, introducing new provisions and modifying existing ones. Section 3 introduces a new sub-section to section 10 of the Principal Act, stating that a Deputy President exercising the powers or functions of the President is deemed to be an Acting President for the purposes of the Act. Section 4 modifies section 15 by replacing the term "Minister" with "President" in paragraph (d), affecting the circumstances under which a Commissioner vacates office. The Act also introduces a new section 127a, permitting the Minister to appoint an acting Industrial Registrar or Deputy Industrial Registrar during vacancies or absences, with specific limitations on the duration of such appointments. Furthermore, section 6 amends section 133ab to allow for the filling of casual vacancies in offices by ordinary elections or other methods specified in the rules, subject to certain limitations on the duration of such vacancies.
- The obligations imposed by the Act on the parties and entities it governs primarily revolve around the appointment and functioning of acting officials during vacancies or absences. For instance, section 127a requires that the Minister make specific appointments of acting officials and sets out the conditions and duration of such appointments. It also mandates that these acting officials have and exercise all the powers and perform all the functions of the respective offices. Additionally, section 6 imposes obligations on organizations to follow specific procedures for filling casual vacancies in offices, ensuring that such vacancies do not exceed certain durations without being filled by ordinary elections.
- The Act also includes provisions for offences, penalties, and consequences for non-compliance. Specifically, section 9 amends section 158ag to impose penalties on organizations that fail to comply with certain reporting requirements. An organization found guilty of such an offence is subject to a fine not exceeding $500 plus an additional $50 for each completed week from the expiration of the period within which the documents were required to be supplied, up until the documents are supplied or the organization is convicted. This section also modifies the conditions under which documents must be presented to meetings and filed with the Registrar, further clarifying the obligations and consequences associated with non-compliance.
- Area of Law
- Labour Law & Employment
- Industrial Relations
- Instrument
- Act
- Concepts
- Commencement Provisions
- Offence Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
- Delegated & Subordinate Legislation
- Transitional Provisions
