Conciliation and Arbitration (Boycotts) Amendment Act 1980

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Conciliation and Arbitration (Boycotts) Amendment Act 1980

No. 90 of 1980

 

An Act to amend the Conciliation and Arbitration Act 1904

[Assented to 29 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 (Boycotts) Amendment Act 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 the day on which the Trade Practices (Boycotts) Amendment Act 1980 comes into operation.

3. After section 88d of the Principal Act the following Division is inserted:

“Division 5a—Disputes relating to Boycotts

Application of Division

“88da. This Division applies in relation to a dispute relating to a contravention, or a threatened, impending or probable contravention, of section 45d, or of section 45e, of the Trade Practices Act 1974, being a dispute—

(a) that relates, or may relate, to work done or to be done under an award; or

(b) in which an organization of employees registered pursuant to this Act, or a member or officer of such an organization, is involved.

Notification of disputes

“88db. (1) Where a person applies under section 80 of the Trade Practices Act 1974 to the Federal Court of Australia for an injunction restraining

another person from engaging in conduct that constitutes or would constitute—

(a) a contravention of a provision of section 45d, or of section 45e, of that Act;

(b) attempting to contravene such a provision;

(c) aiding, abetting, counselling or procuring a person to contravene such a provision;

(d) inducing, or attempting to induce, a person, whether by threats, promises or otherwise, to contravene such a provision;

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f) conspiring with others to contravene such a provision,

either the first-mentioned person or the second-mentioned person may notify the President or the Registrar accordingly.

“(2) Where a Minister becomes aware of the existence of a dispute that is or may be a dispute in relation to which this Division applies, that Minister may notify the President or the Registrar accordingly.

“(3) Where a dispute is notified to the Registrar under this section, he shall inform the President accordingly.

“(4) Section 25 does not apply in relation to disputes in relation to which this Division applies.

Powers of Commission

“88dc. (1) Subject to this Division, where—

(a) the Commission is notified pursuant to sub-section (1) of section 88db of the making of an application to the Federal Court of Australia for an injunction restraining a person from engaging in conduct referred to in that sub-section, being conduct in relation to which there is a dispute in relation to which this Division applies;

(b) a Minister notifies the President or the Registrar pursuant to subsection (2) of section 88db of the existence of a dispute in relation to which this Division applies; or

(c) the President otherwise becomes aware of the existence of a dispute in relation to which this Division applies,

the Commission is empowered to settle that dispute by conciliation.

“(2) The Australian Conciliation and Arbitration Commission is not empowered to settle a dispute by conciliation under sub-section (1) where the dispute relates to a contravention, or a threatened, impending or probable contravention, of section 45d or 45e of the Trade Practices Act 1974 in respect of which a proceeding is pending before the Federal Court of Australia, being a proceeding to which the Minister administering Part IV of that Act or the Trade Practices Commission is a party, unless that Minister or the Trade Practices Commission, as the case may be, notifies the Australian Conciliation and Arbitration Commission that he or it consents to the Australian Conciliation and Arbitration Commission exercising powers under sub-section (1) in relation to that dispute.

“(3) Where the Commission is empowered under sub-section (1) to settle by conciliation a dispute in relation to which this Division applies, the Commission shall not exercise any powers under any other Division in relation to that dispute or any part of that dispute except powers under Division 1 as that Division applies by virtue of section 88df.

Exercise of powers

“88dd. (1) Where the Commission is empowered to settle by conciliation a particular dispute in relation to which this Division applies, the President shall refer the dispute for conciliation by himself or by another Presidential Member of the Commission.

“(2) A reference in this Division, and in Division 1 as that Division applies by virtue of section 88df, to the relevant Presidential Member, in relation to a dispute in relation to which this Division applies, is a reference—

(a) if the powers of the Commission in respect of that dispute are being exercised by the President—to the President; or

(b) in any other case—to the Presidential Member to whom the dispute has been referred under sub-section (1).

Parties

“88de. (1) The parties to a proceeding before the Commission or a member of the Commission in relation to a dispute in relation to which this Division applies are—

(a) any organization of employees in connection with the employment of any of whose members the dispute has arisen;

(b) employers of such employees;

(c) organizations of which any such employers are members;

(d) if the dispute relates to conduct in relation to the supply of goods or services to, or the acquisition of goods or services from, a person (in this Division referred to as an ‘affected person’) and that person is not already a party—that person;

(e) any Minister who notifies the Commission that he wishes to become a party; and

(f) such other persons as the Commission, by order, specifies.

“(2) Nothing in sub-section (1) affects the operation of section 36 or limits the power of the Commission to grant leave to a person or organization to intervene in any dispute before the Commission or a member of the Commission under this Division.

“(3) The Registrar shall give notice of a proceeding before the Commission or a member of the Commission in relation to a dispute in relation to which this Division applies to such persons as the relevant Presidential Member directs, and, in any event, to every person who is an affected person in relation to the proceeding and every other person who is a party to the proceeding by virtue of paragraph (e) or (f) of sub-section (1).

Application of Division 1

“88df. (1) Subject to this Division, Division 1 (other than the provisions of that Division that relate to arbitration or to the making of awards or the certifying of agreements) extends to and in relation to the powers and functions of the Commission under this Division and to and in relation to proceedings before the Commission or a member of the Commission in relation to a dispute in relation to which this Division applies.

“(2) In the application of Division 1 in accordance with sub-section (1)—

(a) references to industrial disputes shall be read as references to disputes in relation to which this Division applies; and

(b) references to the parties to an industrial dispute shall be read as references to the parties to a proceeding before the Commission or a member of the Commission in relation to a dispute in relation to which this Division applies.

Trade Practices Act not affected

“88dg. Nothing in this Division affects the operation of the Trade Practices Act 1974.


Interpretation

“88dh. Expressions used in this Division that are used in the Trade Practices Act 1974 have in this Division, unless the contrary intention appears, the same respective meanings as those expressions have in that Act.”.

 

 

Overview

The Conciliation and Arbitration (Boycotts) Amendment Act 1980 was enacted to address the gap in addressing industrial disputes relating to boycotts in the context of trade practices. The Act amends the Conciliation and Arbitration Act 1904, enhancing the ability of the Australian Conciliation and Arbitration Commission to handle disputes concerning boycotts as defined under the Trade Practices Act 1974. This legislation was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, with the primary policy objective being to ensure that industrial disputes involving boycotts can be effectively managed and resolved through conciliation, thereby maintaining fair industrial relations while complying with trade practices laws.

Scope and Application

The Conciliation and Arbitration (Boycotts) Amendment Act 1980 amends the Conciliation and Arbitration Act 1904 to address disputes involving boycotts that contravene provisions in the Trade Practices Act 1974. This Act applies to disputes relating to a contravention, or a threatened, impending or probable contravention, of sections 45d or 45e of the Trade Practices Act 1974, specifically where such disputes involve work under an award or pertain to a registered organisation of employees, or its members or officers. The Act operates at the Commonwealth level, empowering the Australian Conciliation and Arbitration Commission to settle these disputes by conciliation, with certain exceptions such as when a proceeding is pending before the Federal Court of Australia and involves the Minister or the Trade Practices Commission. The application of this Act is not affected by the Trade Practices Act 1974, and it extends to the powers and functions of the Commission under this Division, as well as proceedings before the Commission or a member of the Commission concerning these disputes.

Key Provisions

The Conciliation and Arbitration (Boycotts) Amendment Act 1980 introduces a new Division 5a into the Conciliation and Arbitration Act 1904 to address disputes related to boycotts, specifically those that contravene or threaten to contravene sections 45d or 45e of the Trade Practices Act 1974. This new division applies to disputes that relate to work done or to be done under an award or involve a registered organization of employees (section 88da). The Act outlines the procedures for notifying the President or the Registrar of the Australian Conciliation and Arbitration Commission of such disputes, which can be initiated by an application to the Federal Court for an injunction or by a Minister (section 88db). Once a dispute is notified, the Commission is empowered to settle it through conciliation, provided certain conditions are met, such as the absence of a pending Federal Court proceeding in which the Minister or Trade Practices Commission is a party (section 88dc). The Act also specifies the roles of the President and other Presidential Members in referring disputes for conciliation and defines the parties involved in such disputes, including employers, employee organizations, affected persons, and Ministers who choose to participate (sections 88dd and 88de). Under this Act, the Australian Conciliation and Arbitration Commission has the responsibility to manage disputes related to boycotts effectively. It must ensure that all relevant parties are notified of proceedings and that the dispute is settled through conciliation rather than arbitration, unless specific conditions outlined in the Act are satisfied. The Commission is also required to apply the provisions of Division 1 of the Conciliation and Arbitration Act 1904 to these disputes, with appropriate adjustments to terminology (section 88df). Additionally, the Act mandates that the Registrar notify all affected parties of any proceedings, ensuring transparency and inclusivity in the conciliation process (section 88de(3)). The Act delineates several potential consequences for breaches of its provisions. While the specific penalties for non-compliance are not detailed within the Act itself, it is reasonable to infer that breaches could result in legal actions under both the Conciliation and Arbitration Act 1904 and the Trade Practices Act 1974. These could include fines, injunctions, or other remedies aimed at enforcing compliance with the Act’s requirements for dispute resolution. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the other Acts involved.

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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.