Conciliation and Arbitration (Federal Co-ordinating Committee) Regulations

Overview

The Conciliation and Arbitration (Federal Co-ordinating Committee) Regulations 1977 were introduced to provide a legislative framework for the Federal Co-ordinating Committee established under section 86 of the Conciliation and Arbitration Act 1904. Enacted by the Governor-General of the Commonwealth of Australia with the advice of the Federal Executive Council, these regulations aim to ensure the orderly operation of the Committee by detailing the nomination process, term of office, and meeting requirements of its members. The objective is to facilitate efficient conciliation and arbitration processes within the federal industrial relations framework, thereby maintaining industrial harmony and productivity. The regulations were published in the Commonwealth of Australia Gazette on 2 December 1977, and they outline procedures for member nominations, the term of office, and the conduct of meetings to ensure that the Committee can effectively perform its functions.

Scope and Application

The Conciliation and Arbitration (Federal Co-ordinating Committee) Regulations 1977 are subsidiary legislation made under the Conciliation and Arbitration Act 1904. These regulations govern the establishment and operation of the Federal Co-ordinating Committee, which comprises representatives from specific prescribed organisations, including the Association of Employers of Waterside Labour, the Australian Shipping Commission, the Broken Hill Proprietory Company Limited, and the Waterside Workers’ Federation of Australia. The Act and these regulations apply to these prescribed organisations and their nominated members, who are responsible for representing their respective organisations on the Committee. The geographic reach of these regulations is federal, as they are made under an Act of the Commonwealth of Australia. The regulations provide for the nomination of members, their terms of office, the holding of meetings, and the quorum requirements for decision-making within the Committee. The regulations also allow for the termination of a member's appointment under specific circumstances, such as resignation or organisational request. The scope of these regulations is limited to the administration and functioning of the Federal Co-ordinating Committee as established under the Act, with no stated exclusions, exemptions, or thresholds. The regulations may be extended or further defined through subordinate instruments as necessary.

Key Provisions

The Conciliation and Arbitration (Federal Co-ordinating Committee) Regulations provide the framework for the establishment and operation of the Federal Co-ordinating Committee under the Conciliation and Arbitration Act 1904. The Regulations outline provisions for the nomination of members (regulation 3), their terms of office (regulation 4), and the conduct of meetings (regulation 5). Regulation 3 specifies that prescribed organisations, such as the Association of Employers of Waterside Labour and the Waterside Workers’ Federation of Australia, may nominate a number of persons to be members of the Committee, not exceeding the difference between 4 and the number of members already appointed by the organisation. These nominations must be submitted in writing to the authorised person, along with a signed notice of consent from the nominees. Regulation 4 states that a member's term of office lasts until they resign in writing or their appointment is terminated by the authorised person, either at the request of the nominating organisation or if the Committee decides that adequate consideration has been given to the matter for which they were co-opted. Regulation 5 governs the conduct of meetings, stipulating that the Committee will hold meetings as necessary for its functions and that two members, one from an employer organisation and one from a union, will constitute a quorum. The Regulations impose several obligations and requirements on the parties involved. Firstly, prescribed organisations have the responsibility to nominate members for the Committee in accordance with the stipulated process (regulation 3). Members, once appointed, must adhere to their terms of office, which include resigning in writing or facing termination by the authorised person under certain conditions (regulation 4). The Committee itself must ensure that meetings are held as needed for its functions and must determine its own procedures, subject to the Regulations (regulation 5). Additionally, members must notify other members and agree on a meeting place and time within 14 days if they require a meeting to be held, with certain allowances made for absences or incapacities (regulation 5(3)-(5)). The Regulations do not explicitly outline specific offences, penalties, or consequences for breach. However, any failure to comply with the nomination process, terms of office, or meeting requirements could potentially lead to disputes or legal challenges under the Conciliation and Arbitration Act 1904. For example, if an organisation fails to follow the prescribed process for nominating members, or if a member acts outside the bounds of their term of office, these actions could be contested in the appropriate legal forums, potentially leading to resolutions or interventions by the authorised person or the Committee itself. The Act may also provide for other remedies or actions in cases of non-compliance, though these are not detailed in the Regulations themselves.