Conciliation and Arbitration Regulations (Amendment)

Legislation au C1958L00007 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1958. No. 7.

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1956 AND THE STEVEDORING INDUSTRY ACT 1956-1957.*

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 1904-1956 and the Stevedoring Industry Act 1956-1957.

Dated this 15th day of January, 1958.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

(Sgd.) H. E. HOLT

Minister of State for Labour and National Service.

 

AMENDMENTS OF THE CONCILIATION AND ARBITRATION REGULATIONS.†

Parts.

1. Regulation 3 of the Conciliation and Arbitration Regulations is amended by omitting the words—

“Division 2.—Procedure in Particular Matters (other than Appeals) (Regulations 68-76).

Division 3.—Appeals (other than Appeals from Courts of a State or Territory) (Regulations 77-78).”

and inserting in their stead the words—

“Division 2.—Procedure in Particular Matters (other than Appeals) (Regulations 67A-76).

Division 3.—Appeals from Registrar (Regulation 77).”.

Affidavits and affirmations.

2. Regulation 14 of the Conciliation and Arbitration Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “affidavit”, the words “or affirmation”; and

(b) by inserting in sub-regulation (2.), after the word “affidavit”, the words “or affirmation”.

Application for suspension or cancellation of award.

3. Regulation 38 of the Conciliation and Arbitration Regulations is amended by inserting after the word “affidavit” the words “or affirmation”.

Applications under section 45B of Navigation Act.

4. Regulation 40 of the Conciliation and Arbitration Regulations is amended by adding at the end thereof the words “or affirmation”.

 

* Notified in the Commonwealth Gazette on 16th January, 1958.

† Statutory Rules 1956, No. 60, as amended by Statutory Rules 1957, No. 78.

7639/57.—PRICE 3D. 9/6.1.1958.


5. After regulation 40 of the Conciliation and Arbitration Regulations the following regulations are inserted:—

Applications under section 35 of the Stevedoring Industry Act 1956-1957.

“40a. An application under section 35 of the Stevedoring Industry Act 1956-1957—

(a) shall be in accordance with Form 12A;

(b) shall be filed with the Registrar; and

(c) shall be supported by an affidavit or affirmation.

Appeals under section 37 of the Stevedoring Industry Act 1956-1957.

“40B.—(1.) A notice of appeal under section 37 of the Stevedoring Industry Act 1956-1957 shall be in accordance with Form 12B and shall be supported by an affidavit or affirmation.

“(2.) The prescribed person for the purposes of that section is the Registrar.

“(3.) Unless otherwise directed by the President or a Deputy President, an appeal under that section shall be heard at the Capital City of the State, or the principal city or town of the Territory, in which the port at which the appellant was registered is situated.”.

Repeal of regulation 75.

6. Regulation 75 of the Conciliation and Arbitration Regulations is repealed.

Division heading.

7. The heading to Division 3 of Part III. of the Conciliation and Arbitration Regulations is omitted and the following heading inserted in its stead:—

“Division 3.—Appeals from Registrar.”.

Repeal of regulation 78.

8. Regulation 78 of the Conciliation and Arbitration Regulations is repealed.

First Schedule.

9.—(1.) The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 12 the following forms:—

Regulation 40A. Form 12A.

APPLICATION UNDER SECTION 35 OF THE STEVEDORING INDUSTRY ACT 1956-19 .

The Australian Stevedoring Industry Authority hereby applies to the Commonwealth Conciliation and Arbitration Commission for a direction to the Authority to cancel or suspend the registration of

of           as an employer at the port of

The grounds upon which this application is made are as follows:—

Attached is an affidavit verifying the facts stated in this application.

Dated this      day of    , 19 .

To the Registrar .........................................

 

Regulation 40B. FORM 12B.

NOTICE OF APPEAL UNDER SECTION 37 OF THE STEVEDORING INDUSTRY ACT 1956-19.

I,    of    hereby appeal to the Commonwealth Conciliation and Arbitration Commission against the suspension/cancellation of my registration as a waterside worker at the port of

The grounds upon which this appeal is lodged are as follows:—

I request that, if practicable, this appeal be heard at

I attach an affidavit verifying the facts stated in this notice of appeal.

Dated this      day of    , 19 .

Applicant.

To the Registrar.


(2.) The First Schedule to the Conciliation and Arbitration Regulations is amended by omitting from Form 13 the words and figures “Regulations 48 and 75.” and inserting in their stead the word and figures “Regulation 48.”.

(3.) The First Schedule to the Conciliation and Arbitration Regulations is amended by omitting Form 23.

 

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1958, No. 7, made under the Conciliation and Arbitration Act 1904-1956 and the Stevedoring Industry Act 1956-1957, were introduced to amend existing regulations to better align them with the processes and requirements set forth by these acts. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations aimed to streamline procedural requirements within the context of industrial disputes and stevedoring operations, ensuring that applications and appeals are made in accordance with the specified forms and evidentiary standards. This legislative instrument reflects a commitment to updating the regulatory framework to maintain efficiency and fairness in the arbitration and conciliation processes.

Scope and Application

The Statutory Rules 1958, No. 7, made under the Conciliation and Arbitration Act 1904-1956 and the Stevedoring Industry Act 1956-1957, apply to the Commonwealth and establish procedures and forms for making applications and appeals related to the stevedoring industry. These Regulations primarily impact employers and workers within the stevedoring industry by specifying the manner in which applications and appeals must be filed with the Registrar of the Commonwealth Conciliation and Arbitration Commission. They also detail the contents and format of affidavits or affirmations that must accompany these filings. The geographic reach of these Regulations is national, as they pertain to the federal system of conciliation and arbitration in Australia. These Regulations do not create any exclusions or exemptions but do specify thresholds and conditions for the filing of applications and appeals. The application and interpretation of these Regulations may be further defined through subordinate instruments, such as additional forms or procedural guidelines, issued by the Commonwealth Conciliation and Arbitration Commission.

Key Provisions

The statutory rules primarily focus on amendments to the Conciliation and Arbitration Regulations and the introduction of new regulations under the Stevedoring Industry Act 1956-1957 (sections 1-8). Firstly, Regulation 3 of the Conciliation and Arbitration Regulations is amended to modify the headings of divisions and to change the regulation numbers for procedures and appeals (section 1). Additionally, Regulations 14, 38, and 40 are amended to allow for the use of affirmations in addition to affidavits for various applications and notices (sections 2-4). New regulations, 40a and 40b, are inserted to address applications and appeals under the Stevedoring Industry Act 1956-1957, specifying the forms to be used and the support required (section 5). Regulation 75 is repealed and the heading of Division 3 is changed to "Appeals from Registrar," while Regulation 78 is also repealed (sections 6-8). The First Schedule to the Conciliation and Arbitration Regulations is amended to reflect these changes, including the addition of new forms and the removal of obsolete references (section 9). These amendments and new regulations impose obligations on parties involved in conciliation and arbitration processes, particularly those related to the stevedoring industry. For example, any application under section 35 of the Stevedoring Industry Act 1956-1957 must now be filed in accordance with Form 12A, supported by an affidavit or affirmation (regulation 40a). Similarly, notices of appeal under section 37 must adhere to Form 12B and also be supported by an affidavit or affirmation (regulation 40b). The repeal of Regulation 75 and the amendment of Regulation 78 simplify the process for appeals from the Registrar. These changes ensure that all applications and appeals are properly documented and supported, maintaining the integrity of the conciliation and arbitration process. Breaches of these regulations can lead to civil or criminal consequences. For example, knowingly providing false information in an affidavit or affirmation could be considered perjury, which is a serious offence under Australian law. Perjury is punishable by imprisonment, with penalties varying depending on the jurisdiction and the severity of the offence. Additionally, failure to comply with the specified forms and requirements for applications and appeals can result in the dismissal of the application or appeal, effectively denying the party the opportunity to have their case heard. Such non-compliance may also incur additional administrative penalties or sanctions as deemed appropriate by the relevant authorities.

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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.