Conciliation and Arbitration Amendment Act (No. 2) 1976

Legislation au C2004A01548 Not in force Act

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CONCILIATION AND ARBITRATION

AMENDMENT ACT (No. 2) 1976

No. 117 of 1976

An Act to amend the Conciliation and Arbitration Act 1904.

BE IT ENACTED by the Queen, and the Senate and 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 (No. 2) 1976.

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

Commencement.

2. This Act shall come into operation on the day on which it receive the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “Direct voting system” and substituting the following definitions:—

“‘Collegiate electoral system in relation to an election for an office in an organization, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from the persons elected at the next preceding stage;

‘Direct voting system’, in relation to an election for an office in an organization, means a method of election at which all financial members, or all financial members included in such branch, section or other division, or in such class, as is appropriate, having regard to the nature of the office, are, subject to reasonable provisions with respect to enrolment, eligible to vote;”;

(b) by omitting paragraphs (d) and (e) of the definition of “Office”, in sub-section (1) and substituting the following paragraph:—

“(d) every office within the organization or branch for the filling of which an election is required to be conducted within the organization or branch;”;

(c) by adding at the end of sub-section (1) the following definition:—

“‘One-tier collegiate electoral system’ means a collegiate electoral system comprising only one stage after the first stage.”; and

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

“(5) For the purposes of the application of the definition of ‘ collegiate electoral system ’ in sub-section (1) in relation to an election for an office in an organization, an electoral system that otherwise complies with that definition shall be deemed to comply with that definition notwithstanding that the persons comprising a body of persons by and from whom persons are elected at any stage subsequent to the first stage include persons (not exceeding in number 15 per centum of the total number of the body) who are the holders of offices entitling the holders to membership of that body (which may include the office to which the election relates) but are not members of that body by virtue of an election in accordance with that definition, being persons each of whom has held such an office (whether the one office or not) at all times since being elected to such an office under a collegiate electoral system, or a direct voting system, as defined in sub-section (1).”.

Rules to provide for elections, secret ballots and certain other matters.

4. Section 133 of the Principal Act is amended—

(a) by omitting paragraph (a) of sub-section (1) and substituting the following paragraph: —

“(a) shall provide for the election of the holder of each office within the association or organization either by—

(i) a direct voting system; or

(ii) a collegiate electoral system being, in the case of an office the duties of which are of a full-time nature, a one-tier collegiate electoral system; ”;

(b) by omitting sub-section (1a);

(c) by omitting sub-sections (3), (4), (4a) and (4b) and substituting the following sub-sections:—

“ (3) An organization that became registered before the date of commencement of this Act is allowed a period of 2 years after that date, or such longer period as the Industrial Registrar determines, within which to bring its rules into conformity with the requirements of paragraph (a) of sub-section (1).

“(4) If the rules of an organization to which sub-section (3) applies do not, at the expiration of the period allowed by that sub-section, in the opinion of the Industrial Registrar, conform, so far as they relate to an office referred to in that sub-section, with the requirements of paragraph (a) of sub-section (1), the Industrial Registrar may, after inviting the organization to consult with him on the matter, determine such alterations of the rules as will, in his opinion, bring them, so far as they relate to that office, into conformity with those requirements.

“ (4a) If, at the commencement of this sub-section, the rules of an organization do not, in the opinion of the Industrial Registrar, comply with the requirements of paragraph (b), (c), (d), (e) or (f) of sub-section (1), the Industrial Registrar may, after inviting the organization to consult with him on the matter, determine such alterations of the rules as will, in his opinion, bring them into conformity with those requirements.

(d) by omitting from sub-section (4c) the words “Notwithstanding sub-sections (3) and (4), an association which was registered as an organization on” and substituting the words “An organization that was registered at”; and

(e) by omitting from sub-section (5) the words “sub-section (4), (4b) or (4d)” and substituting the words “ sub-section (4), (4a) or (4d)”.

Scheme of amalgamation to be submitted.

5. Section 158f of the Principal Act is amended by omitting subsection (1a).

Court may order reconstitution of branch, &c.

6. Section 171d of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(7) Where—

(a) a scheme to be approved under this section will involve provision for an election for an office in the organization concerned; and

(b) the rules of the organization in force, or purporting to be in force, provide, in respect of that office, for—

(i) a collegiate electoral system, or an electoral system which, although it is not a ‘collegiate electoral system’ as defined in section 4, is of a similar nature; or

(ii) a direct voting system, or a voting system which, although it is not a ‘direct voting system’ as defined in section 4, is of a similar nature,

the Court shall not, in proceedings under this section, where sub-paragraph (i) of paragraph (b) applies, approve a scheme that provides for an election for that office otherwise than under a collegiate electoral system or, where sub-paragraph (ii) of paragraph (b) applies, approve a scheme that provides for an election for that office otherwise than under a direct voting system, or in either case a scheme that departs from the provisions of those rules to a greater extent than the Court is satisfied is necessary having regard to the requirements of this Act.”.

Overview

The Conciliation and Arbitration Amendment Act (No. 2) 1976 was enacted to amend the Conciliation and Arbitration Act 1904, aiming to address issues related to the election systems within organizations registered under the Act. This legislation was passed by the Queen, in conjunction with the Senate and House of Representatives of the Commonwealth of Australia, with the intent to refine the electoral processes for office positions within such organizations. The Act primarily focuses on ensuring that the methods of election for office holders within these organizations are conducted either through a direct voting system or a collegiate electoral system, with specific guidelines provided for full-time nature duties. Furthermore, the Act grants the Industrial Registrar the authority to enforce compliance with these electoral system requirements and mandates that organizations bring their rules into conformity with these new provisions within a specified period.

Scope and Application

The Conciliation and Arbitration Amendment Act (No. 2) 1976 amends the Conciliation and Arbitration Act 1904, focusing on the rules governing elections for offices within registered organizations, particularly trade unions and employers' associations. The Act applies to any person or entity that is a member of a registered organization and to the organizations themselves, particularly those that were registered prior to the Act's commencement. It operates on a national level, as it is an Act of the Commonwealth of Australia. The Act specifies that registered organizations must revise their rules to comply with the new requirements regarding election systems, allowing a grace period of up to two years for older organizations to adjust. The Act also provides for the Industrial Registrar to alter non-compliant rules if necessary, ensuring that the provisions of the Principal Act are adhered to. Notably, the Act does not exclude any specific entities or transactions from its scope, applying broadly to all registered organizations unless otherwise specified through subordinate instruments.

Key Provisions

The Conciliation and Arbitration Amendment Act (No. 2) 1976 amends the Conciliation and Arbitration Act 1904 by introducing new definitions and rules concerning electoral systems for offices within organizations. Section 4 amends the definition of "Collegiate electoral system" and "Direct voting system," and introduces a new definition for "One-tier collegiate electoral system." Section 133 mandates that rules must provide for the election of office holders either by a direct voting system or a collegiate electoral system, with one-tier systems for full-time offices. Organizations previously registered have up to two years to adjust their rules to comply with these requirements, and the Industrial Registrar can make necessary alterations if the rules do not conform. The Act imposes obligations on organizations to ensure their rules comply with the specified electoral systems. Organizations must either adopt a direct voting system or a collegiate electoral system, with a one-tier system for full-time offices. Failure to comply within the specified period may result in the Industrial Registrar making necessary alterations to the rules. Additionally, the Court is restricted from approving amalgamation schemes that deviate from the specified electoral systems without sufficient justification. Breach of the Act's requirements can lead to various consequences. If an organization’s rules do not comply with the specified electoral systems, the Industrial Registrar can make alterations to bring the rules into compliance. Furthermore, the Court may not approve amalgamation schemes that do not adhere to the specified electoral systems unless it is satisfied that such deviation is necessary. While the Act does not explicitly state penalties for non-compliance, the authority to alter rules and restrict scheme approvals implies that failure to comply could result in legal challenges and modifications to organizational governance structures.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.