Conciliation and Arbitration Amendment Act (No. 2) 1980
No. 36 of 1980
An Act to amend the Conciliation and Arbitration Act 1904
[Assented to 22 May 1980]
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 (No. 2) 1980.
(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 a date to be fixed by Proclamation.
3. After section 4 of the Principal Act the following section is inserted:
Industrial matters affecting the oil industry in New South Wales
“4a. (1) In this section—
‘oil industry industrial matter’ means an industrial matter that pertains to the relations of a prescribed employer with prescribed employees of that employer;
‘prescribed employee’ means an employee who is, or is eligible to become, a member of the oil industry branch of the industrial union registered under the Industrial Arbitration Act, 1940 of New South Wales as the Australian Workers Union and is employed by a prescribed employer;
‘prescribed employer’ means any of the following companies: Australian Lubricating Oil Refinery Limited Australian Oil Refining Pty. Limited Total Refineries Australia Limited;
‘prescribed New South Wales Act’ means an Act passed by the Parliament of New South Wales that is prescribed for the purposes of this section.
“(2) This Act (other than this section) does not apply to, or in relation to, the relations of a prescribed employer with prescribed employees of that employer and, in particular—
(a) does not apply to, or in relation to, an oil industry industrial matter;
(b) does not apply to or in relation to an industrial dispute in so far as that dispute is a dispute, or a situation that is likely to give rise to a dispute, as to an oil industry industrial matter; and
(c) does not apply to, or in relation to, industrial action in so far as that action relates to, or affects, the relations of a prescribed employer with prescribed employees of that employer.
“(3) It is hereby declared to be the intention of the Parliament that this Act shall not exclude the concurrent operation of a prescribed New South Wales Act in so far as that Act makes provision with respect to oil industry industrial matters.
“(4) The President may, from time to time, designate a Presidential Member for the purposes of this section.
“(5) A Presidential Member designated under sub-section (4) shall perform any functions or duties, and may exercise any powers, that are conferred or expressed to be conferred upon a Presidential Member by a prescribed New South Wales Act.”.
Overview
The Conciliation and Arbitration Amendment Act (No. 2) 1980 was enacted to specifically address the industrial relations issues within the oil industry in New South Wales. This Act was introduced to amend the Conciliation and Arbitration Act 1904, aiming to delineate the scope of the federal legislation in relation to industrial matters concerning prescribed employers and employees in the oil sector. The Act was passed by the Queen, with the assent of both the Senate and the House of Representatives, thus reflecting the legislative authority of the Australian federal Parliament. The policy objective of this Act is to ensure that the federal conciliation and arbitration processes do not interfere with the resolution of oil industry industrial matters, which are instead to be managed under the prescribed New South Wales Acts.
Scope and Application
The Conciliation and Arbitration Amendment Act (No. 2) 1980 is a legislative measure designed to modify the Conciliation and Arbitration Act 1904, focusing specifically on the industrial relations within the oil industry in New South Wales. This Act delineates the scope of its application by explicitly excluding certain industrial matters related to prescribed employers and employees in the oil industry from the purview of the broader arbitration and conciliation provisions. The Act identifies prescribed employers as Australian Lubricating Oil Refinery Limited, Australian Oil Refining Pty. Limited, and Total Refineries Australia Limited, and prescribed employees as those who are, or are eligible to be, members of the oil industry branch of the Australian Workers Union in New South Wales. The Act's jurisdiction is limited to the Commonwealth, specifically exempting oil industry industrial matters from its general application, and it allows for the concurrent operation of relevant New South Wales legislation. The Act also empowers the President to designate a Presidential Member who can perform functions and exercise powers as outlined in the prescribed New South Wales Acts.
Key Provisions
The Conciliation and Arbitration Amendment Act (No. 2) 1980 introduces specific provisions related to the oil industry in New South Wales. Section 4a (subsections 1 to 5) inserts a new section into the Conciliation and Arbitration Act 1904, defining "oil industry industrial matter" as an industrial matter involving a prescribed employer and their prescribed employees. A "prescribed employee" is defined as an employee who is, or is eligible to become, a member of the oil industry branch of the Australian Workers Union and is employed by a prescribed employer. The term "prescribed employer" refers to specific companies listed in the Act, including Australian Lubricating Oil Refinery Limited, Australian Oil Refining Pty. Limited, and Total Refineries Australia Limited. The Act also refers to a "prescribed New South Wales Act," which means any New South Wales legislation prescribed for the purposes of this section.
The Act imposes obligations on the parties by excluding the operation of the Principal Act on oil industry industrial matters, disputes, and industrial actions related to the relations of prescribed employers with their prescribed employees. This exclusion aims to allow for the concurrent operation of prescribed New South Wales Acts that make provisions for oil industry industrial matters. The President has the authority to designate a Presidential Member to perform functions, duties, and exercise powers conferred by a prescribed New South Wales Act.
Under the Act, there are no specific offences, penalties, or consequences outlined for breaches of its provisions. However, the exclusion of the Principal Act’s operation on oil industry industrial matters may lead to reliance on prescribed New South Wales Acts for resolving related disputes. If a prescribed New South Wales Act imposes penalties for breaches, those would apply instead of any penalties under the Principal Act. The Act’s main focus is on delineating the scope of its application and ensuring the concurrent operation of relevant New South Wales legislation.