Statutory Rules
1977 No. 235
REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904.
Dated this twenty-ninth day of November 1977.
JOHN R. KERR
Governor-General
By His Excellency’s Command,
A. A. STREET
Minister of State for Employment and Industrial Relations
CONCILIATION AND ARBITRATION (FEDERAL CO-ORDINATING COMMITTEE) REGULATIONS
Citation
1. These Regulations may be cited as the Conciliation and Arbitration (Federal Co-ordinating Committee) Regulations.
Interpretation
2. In these Regulations, unless the contrary intention appears—
“ authorized person ” means the person authorized by the Minister to make appointments for the purposes of section 86 of the Act;
“ Chairman ” means the Chairman of the Committee;
“ Committee ” means the Federal Co-ordinating Committee established by section 86 of the Act;
“ member ” means a member of the Committee;
“ Port Co-ordinating Committee ” means a Committee established by the Minister under sub-section 87 (1) of the Act;
“ the Act ” means the Conciliation and Arbitration Act 1904.
* Notified tri the Commonwealth of Australia Gazette on 2 December 1977.
Nomination of members
3. (1) For the purpose of sub-section 86 (2) of the Act, a prescribed organization may nominate to be members, a number of persons not exceeding the difference between 4 and the number of members appointed on the nomination of the organization.
(2) Nominations for the purpose of sub-section 86 (2) of the Act shall be made in writing to the authorized person and shall be accompanied by a notice in writing, signed by the person nominated, indicating his consent to act as a member.
(3) For the purposes of sub-regulation (1), each of the following organizations is a prescribed organization:
(a) the Association of Employers of Waterside Labour;
(b) the Australian Shipping Commission;
(c) the Broken Hill Proprietory Company Limited;
(d) the Waterside Workers’ Federation of Australia.
Term of office of members
4. (1) Subject to sub-regulation (3), a member shall hold office until—
(a) he resigns by notice in writing given to the authorized person; or
(b) his appointment is terminated by the authorized person in accordance with sub-regulation (2).
(2) If an organization referred to in sub-regulation 3 (3) requests, by notice in writing, the termination of the appointment of a member nominated by it, the authorized person shall terminate the appointment of that member.
(3) A member referred to in sub-section 86 (4) of the Act shall cease to be a member where the Committee decides that adequate consideration has been given to the matter for the purpose of the consideration of which he was co-opted to be a member.
Meetings
5. (1) The Committee shall hold such meetings as are necessary for the performance of its functions.
(2) Subject to sub-regulation (3), meetings of the Committee shall be held at such time, and at such place, as the Committee determines.
(3) A member may, at any time, require that a meeting of the Committee be held by notifying the other members and that meeting shall be held at a place, and at a time within 14 days after the last of those other members has been so notified, agreed to by a majority of the members.
(4) Where, by reason of absence or of physical or mental incapacity, a member would be prevented from attending a meeting referred to in sub-regulation (3), a member who requires such a meeting
to be held shall be deemed to have complied with the requirements of sub-regulation (3) if each member, other than the first and second-mentioned members, is notified in accordance with that sub-regulation.
(5) At a meeting of the Committee, 2 members, one of whom shall be a member appointed on the nomination of one of the bodies referred to in paragraph 3 (3) (a), (b) or (c) and the other a member appointed on the nomination of the body referred to in paragraph 3 (3) (d), shall constitute a quorum.
(6) Subject to this regulation, the procedure to be followed at a meeting of the Committee shall be determined by the Committee.