Conciliation and Arbitration Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1914 were enacted in 1915 to address the urgent need to establish a clear and regulated process for the amendment of the constitutions of industrial organisations, including the possibility of changing the industry description in which the organisation is registered. This legislative instrument was introduced to ensure that any proposed changes to the constitution of an organisation could be formally applied for, advertised, and reviewed in an orderly manner, facilitating transparency and accountability in the industrial relations landscape. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations were designed to uphold the integrity and effectiveness of the conciliation and arbitration processes within the Commonwealth. The objective of these provisional regulations was to streamline the application process for altering the constitutions of industrial organisations, thereby ensuring that all changes were subject to scrutiny and objection by interested parties within a defined timeframe. The regulations required applications for such changes to be made in duplicate, accompanied by a statutory declaration and the prescribed fee, and stipulated that objections to these changes could be lodged within 21 days of the advertisement of the application. The Industrial Registrar or Deputy Industrial Registrar would then hear the application and objections, ultimately deciding on the proposed changes.

Scope and Application

The Provisional Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1914 pertain to the application for the change of the constitution of an organisation, including the alteration of the industry description in relation to which it is registered. The regulations apply to all organisations that are registered under the Act, encompassing trade unions, employers' associations, and other entities involved in industrial disputes. This legislation mandates that any application for such a change must be submitted in accordance with Form 11, signed by two or more officers of the organisation, and directed to the Industrial Registrar or the Deputy Industrial Registrar in the state where the organisation's office is located. The application must be accompanied by the prescribed fee and a statutory declaration. The Industrial Registrar must then advertise the receipt of the application in the Gazette, enabling interested organisations or individuals to lodge an objection within twenty-one days if they wish to contest the change. The process is governed by the forms specified in the schedule, which include the application form, the notice of application, and the notice of objection. These regulations extend across the Commonwealth of Australia and are subject to amendment by subordinate instruments.

Key Provisions

The Provisional Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1914 introduce a new regulation, 17a, detailing the process for applying to change the constitution of an organisation. According to Regulation 17a(1), an application for such a change, which may also include a change in the industry description, must be submitted in accordance with Form 11 and must be addressed to the Industrial Registrar or Deputy Industrial Registrar in the state where the organisation's office is located. The application must be signed by two or more officers of the association, as stated in Regulation 17a(2). Furthermore, every application must be in duplicate, accompanied by the prescribed fee and a statutory declaration setting out the facts relied upon by the applicant, as outlined in Regulation 17a(3). The duplicate copy of the application lodged with a Deputy Industrial Registrar must be promptly forwarded to the Industrial Registrar, as per Regulation 17a(4). The Registrar is required to publish a notice in the Gazette, in accordance with Form 12, upon receipt of the application, as indicated in Regulation 17a(5). Interested parties have the opportunity to object to the proposed constitutional change within twenty-one days of the advertisement, as stipulated in Regulation 17a(6). Such objections must be lodged with the Registrar in accordance with Form 13 and must include a statutory declaration, as stated in Regulation 17a(7). The Registrar must then schedule a hearing, notifying both the applicants and the objectors of the date, as per Regulation 17a(8). During the hearing, the Registrar will hear from the parties or their officers if they are present and wish to be heard, and will subsequently decide on the matter. The Provisional Regulations impose several obligations on the parties involved in the process of changing the constitution of an organisation. Firstly, the application for change must be submitted in duplicate, signed by two or more officers of the association, and accompanied by the prescribed fee and a statutory declaration, as detailed in Regulation 17a(2). Secondly, the duplicate copy of the application must be forwarded to the Industrial Registrar by the Deputy Industrial Registrar, as per Regulation 17a(3). Thirdly, the Registrar must publish a notice of the receipt of the application in the Gazette, in accordance with Form 12, within twenty-one days of receiving the application, as outlined in Regulation 17a(5). Fourthly, interested parties are afforded the opportunity to object to the proposed constitutional change within twenty-one days of the advertisement, as stipulated in Regulation 17a(6). Such objections must be lodged with the Registrar in accordance with Form 13, accompanied by a statutory declaration, as stated in Regulation 17a(7). Finally, the Registrar must fix a day for hearing the application and notify the applicants and objectors of the date, as per Regulation 17a(8). The Provisional Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to adhere to the requirements of the Regulations, such as not submitting the application in duplicate or not lodging the objection within the stipulated timeframe, could potentially result in the application being dismissed or the objection being disregarded by the Registrar. It is important to note that the absence of explicit penalties does not negate the importance of complying with the procedural requirements set out in the Regulations.