Conciliation and Arbitration Regulations (Amendment)

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EXPLANATORY STATEMENT

Statutory Rules 1984 No. 315

Conciliation and Arbitration Regulations (Amendment)

(Issued by the Authority of the Minister for Employment and Industrial Relations)

The amendments to the Conciliation and Arbitration Regulations are designed to take account of changes to Part VIIIA of the Act made by the Conciliation and Arbitration Amendment Act 1983. Part VIIIA provides for the amalgamation of registered organizations.

In general terms the amendments to Part VIIIA of the Act allow:

(i) simultaneous ballots to be held on proposals involving alternative amalgamation ballots.

(ii) applications to the Australian Conciliation and Arbitration Commission for a declaration that a proposed amalgamation is in the public interest and in the industrial interests of the organizations concerned;

(iii) relaxed voting requirements in amalgamation ballots where a declaration of the type referred to in the previous paragraph has been made; and

(iv) the definition of the roll of voters for amalgamation ballots.

The regulations amend Part VA of the Principal Regulations to deal with these changes.

The regulations insert provisions designed to set down requirements for the conduct of ballots on amalgamation proposals and for proceedings before the Federal Court into alleged irregularities in relation to amalgamation ballots. The amendments and new provisions are as follows:

 regulation 1 of the Conciliation and Arbitration Regulation; (Amendment) provides a citation of the Principal Regulations;

 regulation 2 amends regulation 146A to provide definitions for the terms “ballot”, “closing date”, “commencing date”, “inquiry” and “postal address”;

 regulation 3 inserts new regulations 146N, 146P, 146Q, 146B 146S, 146T, 146U, 146V, 146W, 146X, 146Y, 146Z, 146ZA, 146ZB, 146ZC, 146ZD, 146ZE and 146ZF.


- new regulation 146N provides the requirements for the preparation of the roll of voters for an amalgamation ballot of the members of an organization;

- new regulation 146P provides for the inspection of the roll of voters prepared in accordance with new regulation 146N by members of the organization or any other person authorized by the person conducting the ballot;

- new regulation 146Q provides that notice of the ballot is to be in accordance with new forms 39B or 39C and that notices are to be published in a metropolitan daily newspaper in the relevant State or Territory;

- new regulation 146R makes provision relating to the secrecy of a ballot and provides penalties for non-compliance with the directions of the person conducting the ballot;

- new regulation 146S provides for the use of forms 39D or 39E for an amalgamation ballot or an alternative amalgamation ballot respectively;

- new regulation 146T sets out the requirements for the dispatch of amalgamation or alternative amalgamation ballot papers and the procedures for the re-issue of new ballot papers where the initial papers were not received, lost, destroyed or spoiled by the voter;

- new regulation 146U sets out the requirements for the manner in which amalgamation or alternative amalgamation ballot papers are to be marked and handled by the voter;.

- new regulation 146V sets out the procedures to be followed by the person conducting the ballot relating to the custody of the ballot papers;

- new regulation 146W sets out the procedures to be followed by the person conducting the ballot with respect to the handling and counting of amalgamation and alternative amalgamation ballot papers;

- new regulation 146X makes provision for the appointment or selection of scrutineers and sets out the rights of scrutineers in relation to a ballot;

- new regulation 146Y sets out the requirements for the issue of a certificate setting out the particulars of the ballot and the declaration of the result of the ballot; the regulation also provides for the issue of a copy of that certificate to the organizations involved and, where appropriate, to the Industrial Registrar;


- new regulation 146Z sets out the requirements for the preservation of ballot papers pending the expiration of the period for the hearing of claims by the Federal Court into alleged ballot irregularities under section 158P of the Act;

- new regulation 146ZA sets out the procedures to be used in making an application to the Court for an inquiry into any alleged ballot irregularity under section 158P of the Act;

- new regulation 146ZB sets out certain procedures of the Federal Court for arranging the hearing of an inquiry into an alleged ballot irregularity;

- new regulation 146ZC makes provision for the Federal Court to arrange for the inspection of ballot papers during the hearing of an inquiry into an alleged ballot irregularity;

- new regulation 146ZD sets out the procedures to be followed by the Federal Court for purposes of the hearing of an inquiry into alleged ballot irregularities;

- new regulation 146ZE provides for the issue of interim orders by the Federal Court; and

- new regulation 146ZF contains offence provisions in relation to 146ZC or regulation 146ZE.

regulation 4 inserts new forms 39B (Notice of Ballot in respect of a proposed amalgamation), 39C (Notice of Ballot in respect of an alternative amalgamation), 39D (Ballot Paper in respect of proposed amalgamation), 39E (Ballot Papers in respect of a proposed amalgamation and of an alternative amalgamation) and 39F (Application for inquiry under section 158P in the Federal Court, of Australia) in Schedule 1 of the Principal Regulations.

Overview

The Conciliation and Arbitration Regulations (Amendment) 1984, introduced by the Parliament of Australia, aimed to address the procedural changes necessitated by the Conciliation and Arbitration Amendment Act 1983. This Act sought to facilitate the amalgamation of registered organisations by amending Part VIIIA of the original Act. The amendments introduced provisions allowing for simultaneous ballots on amalgamation proposals, applications to the Australian Conciliation and Arbitration Commission for declarations on amalgamations, relaxed voting requirements in amalgamation ballots under certain conditions, and defined the voter roll for these ballots. The regulations amended Part VA of the Principal Regulations to implement these changes, introducing new requirements for the conduct of amalgamation ballots and proceedings in the Federal Court concerning alleged irregularities in these ballots. This legislative effort was designed to ensure that the amalgamation process is conducted in a fair, transparent, and legally compliant manner.

Scope and Application

The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 315 pertains to amendments within Part VIIIA of the Act, which addresses the amalgamation of registered organisations. This legislation applies to registered organisations within Australia that are seeking to amalgamate, as well as the Australian Conciliation and Arbitration Commission which is responsible for overseeing the amalgamation process. The regulations are of a Commonwealth jurisdiction, affecting all states and territories under the national framework. The scope of the Act includes the conduct of ballots on amalgamation proposals and the handling of alleged irregularities in these ballots, with the Federal Court having jurisdiction over such irregularities. The Act extends its application through subordinate instruments by inserting new regulations and forms to facilitate the amalgamation process and to address procedural aspects such as ballot secrecy, scrutineering, and the handling of ballot papers.

Key Provisions

The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 315 provide a framework for the amalgamation of registered organisations under Part VIIIA of the Act. These amendments reflect the changes introduced by the Conciliation and Arbitration Amendment Act 1983. They allow for simultaneous ballots on amalgamation proposals, applications to the Australian Conciliation and Arbitration Commission for declarations regarding the public interest and industrial interests of the organisations involved, and relaxed voting requirements where such a declaration has been made. These regulations also define the roll of voters for amalgamation ballots. The regulations impose obligations on parties involved in amalgamation ballots. These include the preparation and inspection of the roll of voters (regulation 146N and 146P), the publication of ballot notices in specified newspapers (regulation 146Q), the maintenance of ballot secrecy and compliance with ballot conduct directions (regulation 146R), the use of specific ballot forms (regulation 146S), and the proper dispatch, marking, handling, and counting of ballot papers (regulations 146T, 146U, 146V, 146W). Furthermore, these regulations outline the procedures for appointing scrutineers, issuing ballot certificates, and preserving ballot papers for potential court inquiries (regulations 146X, 146Y, 146Z). Breaches of the provisions outlined in the regulations can lead to civil and criminal consequences. Regulation 146ZC, for example, provides penalties for non-compliance with the Federal Court's requirements for inspecting ballot papers during an inquiry into alleged ballot irregularities. Similarly, regulation 146ZE allows for the issuance of interim orders by the Federal Court to address any procedural breaches. The maximum penalties for offences under these regulations are not explicitly stated in the explanatory statement, but they would typically be found within the detailed provisions of the regulations themselves. These consequences serve to ensure the integrity and legality of the amalgamation processes governed by these regulations.

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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.