STATUTORY RULES.
1952. No. 39.
REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1951.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904-1951.
Dated this first day of May, 1952.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Attorney-General.
Amendments of the Conciliation and Arbitration Regulations.†
Conditions of registration.
1.—(1.) Regulation 106 of the Conciliation and Arbitration Regulations is amended—
(a) by omitting sub-paragraph (i) of paragraph (a) of sub-regulation (1.) and inserting in its stead the following sub-paragraph :—
“ (i) the election of—
(a) a committee of management of the association and of each branch of the association ;
(b) officers of the association and of each branch of the association ; and
(c) any conference, council, panel or other body (additional to the committee of management), which is empowered to determine policy or to exercise functions of management in the association or branch , ”; and
* Notified in the Commonwealth Gazette on , 1952.
† Statutory Rules 1947, No. 142 as amended by Statutory Rules 1948, Nos. 117, 143 and 146; 1949, Nos. 20, 28 and 49; 1951, Nos. 64, 100, 118 and 155; 1952, No. 12.
547.—Price 3d. 9/7.4.1952.
(b) by omitting sub-paragraph (i) of paragraph (g) of sub-regulation (1.) and inserting in its stead the following sub-paragraph :—
“ (i) two copies of a list of the members of the association, showing the name and postal address of each member; ”.
(2.) The amendment made by this regulation does not apply in relation to an application for registration lodged before the date of commencement of this regulation.
(3.) An association which becomes registered as an organization on or after the date of commencement of this regulation in pursuance of an application for registration lodged before that date, is allowed a period of three months after its becoming so registered, or such longer period as the Industrial Registrar determines, within which to bring its rules into conformity with the requirements of regulation 106 of the Conciliation and Arbitration Regulations as amended by this regulation.
Requests for conduct of elections under section 96m of Act.
2. Regulation 133b of the Conciliation and Arbitration Regulations is amended by adding at the end thereof the following sub-regulation :—
“ (4.) Where the election in connexion with which a request is made under section 96m of the Act is an election to be conducted in a section or other division (howsoever called) within the organization, or branch of an organization, as the case may be, by which the request is made, the request shall be accompanied by a copy of the rules or provisions relating to the conduct of the election.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1952 No. 39, titled "Regulations Under the Conciliation and Arbitration Act 1904-1951," was enacted to amend the Conciliation and Arbitration Regulations. This legislation was introduced to address issues related to the registration of associations and the conduct of elections within these organisations. The Regulations were made under the authority of the Governor-General in Council, in accordance with the Conciliation and Arbitration Act 1904-1951, with the intent of ensuring that the processes for electing management committees and officers within associations were transparent and compliant with statutory requirements. The primary policy objective was to enhance the governance and administrative practices within associations by specifying clearer rules for elections and membership lists, while also allowing flexibility for existing applications to transition to the new requirements.
Scope and Application
The Conciliation and Arbitration Regulations, as amended by Statutory Rules 1952, No. 39, primarily apply to labour organisations, employers, and employees within the Commonwealth of Australia. The regulations govern the conditions of registration and conduct of elections for labour organisations, ensuring that the process of forming and maintaining such organisations adheres to the provisions outlined in the Conciliation and Arbitration Act 1904-1951. These regulations extend to any labour organisation seeking registration, regardless of industry or geographical location within the Commonwealth, and apply to the conduct of elections for committees of management, officers, and other bodies within these organisations. Notably, the amendments do not affect applications for registration made before the regulations' commencement but require existing organisations to align their rules with the new requirements within a specified timeframe. Additionally, the regulations stipulate that requests for conducting elections must include a copy of the relevant rules or provisions, providing clarity and consistency in the electoral process.
Key Provisions
The Regulations under the Conciliation and Arbitration Act 1904-1951, made by the Governor-General, primarily amend the existing Conciliation and Arbitration Regulations (reg. 106 and 133b). Regulation 106(1) now requires associations to hold elections for a committee of management, officers, and any additional bodies empowered to determine policy or exercise management functions. Regulation 106(2) mandates that two copies of a list of members, showing their names and postal addresses, must be submitted as part of the registration process. The amendments do not apply to applications for registration lodged before the regulations' commencement. However, associations that register after this date but based on pre-commencement applications are granted a three-month period, extendable by the Industrial Registrar, to align their rules with the new requirements.
The Regulations impose specific obligations on the parties governed by them. Associations must ensure that they hold elections for their management committees and officers, and comply with any additional election requirements for other policy-determining or management bodies within the association or its branches. This includes providing two copies of a list of members with their names and postal addresses as part of the registration process. Failure to comply with these requirements may result in the association not being fully registered or recognised under the Act.
The Regulations do not explicitly outline offences, penalties, or consequences for non-compliance within the provided text. However, the failure to comply with the registration requirements and the stipulated election processes could potentially lead to disputes or challenges regarding the validity of an association's registration or the legitimacy of its internal governance. Such issues might be addressed under the broader provisions of the Conciliation and Arbitration Act 1904-1951 or through other relevant legal mechanisms.