Conciliation and Arbitration Regulations (Amendment)

Legislation au C1949L00049 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1949. No. 49.

 

REGULATIONS UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904-1949.*

I, THE DEPUTY OF 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 Commonwealth Conciliation and Arbitration Act 1904-1949.

Dated this fourth day of August, 1949.

J. NORTHCOTT

Deputy of the Governor-General.

By His Excellency’s Command,

H. V. EVATT

Attorney-General.

————

Amendments of the Conciliation and Arbitration Regulations.†

1. After regulation 52 of the Conciliation and Arbitration Regulations the following regulation is inserted :—

Questions of law referred by Conciliation Commissioner.

“ 52a. Where, in accordance with regulation 21 of these Regulations, a Conciliation Commissioner has referred to the Court a question of law arising in relation to a matter before him, or a question as to whether he has jurisdiction under the Act in relation to a matter, the Court or a Judge shall fix a time and place for hearing by the Court of argument on the question, and shall give such directions as it or he thinks proper for the giving to persons entitled to be heard of notice of the time and place so fixed and of the question referred.”.

Filing of rules and alterations thereof.

2. Regulation 129 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the word “ twenty-eight ” and inserting in its stead the word “ fourteen ”.

Registered office.

3. Regulation 133 of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “ Unless the Registrar is notified to the contrary ” and inserting in their stead the words “ Subject to this regulation ”; and

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations :—

“(3.) Where an organization or a branch of an organization commences to use an office other than its registered office as its principal office, the organization or branch, as the case may be, shall, within twenty-eight days thereafter, lodge with the Registrar a declaration in accordance with the next succeeding sub-regulation stating the situation of that first-mentioned office and the

 

* Notified in the Commonwealth Gazette on 5th August, 1949.

† Statutory Rules 1947. No. 142, as amended by Statutory Rules 1948, Nos. 117, 143 and 146; and 1949, Nos. 20 and 28.

3684.—Price 3d.


fact that it has become the principal office of the organization or branch, and that first-mentioned office shall thereupon become the registered office of the organization or branch (as the case may be).

“(4.) A declaration for the purposes of the last preceding sub-regulation shall be signed by the Secretary or other proper officer of the organization or branch (as the case may be) in the presence of the Registrar, a Justice of the Peace, a Commissioner for Affidavits or a Commissioner for Declarations.”.

4. After regulation 133 of the Conciliation and Arbitration Regulations the following regulation is inserted :—

Applications concerning irregularities in elections.

“ 133a.—(1.) An application under section 96a of the Act shall be substantially in accordance with Form 46, and lodged in duplicate.

“ (2.) The time after the completion of an election within which an application under section 96a of the Act in respect of the election may be lodged shall be six months.”.

Office hours.

5. Regulation 152 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the words “ 10 o’clock in the morning to 3 o’clock ” and inserting in their stead the words “ 9.30 o’clock in the morning to 4.30 o’clock ”.

First Schedule.

6. The First Schedule to the Conciliation and Arbitration Regulations is amended by adding after Form 45 the following form :—

“Regulation 133a.

Form 46.

Commonwealth of Australia.

Commonwealth Conciliation and Arbitration Act 1904-1949.

APPLICATION FOR INQUIRY CONCERNING AN ELECTION.

In the Commonwealth Court of Conciliation and Arbitration.

In the matter of an election for an office in [set out name of organization                                              or branch].

I, [set out full name of applicant] of [set out address of applicant] being a member (or a person who, within the period of twelve months preceding the date of this application, has been a member) of the [set out name of organization] hereby apply for an inquiry by the Commonwealth Court of Conciliation and Arbitration into the matter of the alleged irregularities specified hereunder which I claim have occurred in or in connexion with the election specified hereunder. I rely on the facts stated hereunder.

particulars of election.

Organization or Branch [Set out name].

Office or offices [Set out title or titles of position or positions for which election held.]

Is election complete? [Answer ‘yes’ or ‘no’.]

If election complete, date of completion [Set out date].

particulars of alleged irregularities.

[Set out in numbered paragraphs particulars of the alleged irregularity or irregularities.]

facts relied on.

[Set out in numbered paragraphs the facts relied on in support of the application.]

Dated at   the   day of   , 19 .

Applicant.

Note.—The application must be lodged in duplicate with the Industrial Registrar and be supported by a statutory declaration of the applicant declaring that the facts stated in the application are to the best of the applicant’s knowledge and belief true.”.

______________________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1949 No. 49, Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1949, was enacted to provide amendments to existing regulations concerning conciliation and arbitration matters in Australia. This legislative instrument was created by the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, and was published in the Commonwealth Gazette on 4 August 1949. The primary purpose of these regulations is to address procedural and administrative aspects of the arbitration process, ensuring that it operates efficiently and effectively within the framework established by the Commonwealth Conciliation and Arbitration Act. The policy objective is to maintain fair and orderly industrial relations by providing clear guidelines and processes for resolving disputes and ensuring compliance with legal standards.

Scope and Application

The Statutory Rules of 1949, No. 49, made under the Commonwealth Conciliation and Arbitration Act 1904-1949, pertain to the regulation of labour relations and industrial disputes within the Commonwealth of Australia. These regulations apply to various industrial entities, including employers, employees, and their respective organisations, as well as to the conduct and transactions that fall within the scope of the Act. The rules are applicable across the entire Commonwealth, providing a national framework for conciliation and arbitration processes. The scope of the Act is further extended by the ability to create subordinate instruments, which may impose additional conditions or exceptions as necessary. Notably, the regulations address procedural matters such as the handling of legal questions referred by Conciliation Commissioners, the timeframes for lodging applications concerning irregularities in elections, and the filing of rules and alterations thereof. There are no explicit exclusions stated within the provided excerpt; however, the detailed procedural requirements suggest a comprehensive application to all relevant industrial entities and conduct within the Commonwealth.

Key Provisions

The main operative sections of these regulations concern the referral of legal questions by Conciliation Commissioners to the Court (Regulation 52a), the amendment of the filing of rules and alterations thereof (Regulation 2), the establishment of a registered office for organisations (Regulation 133), the application for an inquiry into irregularities in elections (Regulation 133a), and the amendment of office hours (Regulation 152). Regulation 52a specifies that a Conciliation Commissioner can refer a legal question to the Court, which must then set a time and place for hearing and provide directions for notifying those entitled to be heard. Regulation 2 reduces the time period for filing rules from 28 to 14 days. Regulation 133 requires organisations to notify the Registrar when they change their registered office to a new principal office and mandates that the new office becomes the registered office within 28 days. Regulation 133a outlines the process for making an application concerning irregularities in elections, specifying the form and the six-month timeframe for lodging an application. Regulation 152 extends the office hours of the Conciliation and Arbitration Court from 3 pm to 4:30 pm. These regulations impose several obligations on the parties involved. Firstly, Conciliation Commissioners are required to refer legal questions to the Court as per Regulation 52a, ensuring that the Court sets the appropriate hearing details and notifies relevant parties. Organisations must adhere to the new filing period of 14 days for rules as per Regulation 2. Under Regulation 133, organisations must notify the Registrar within 28 days when they change their registered office to a new principal office, and the new office must then be declared as the registered office. Applications concerning irregularities in elections must be made in accordance with Regulation 133a, which includes adhering to the specified form and the six-month timeframe for lodging the application. These regulations also require the Conciliation and Arbitration Court to adjust its office hours to 9:30 am to 4:30 pm, as stipulated in Regulation 152. The regulations do not explicitly state any offences, penalties, or consequences for breaches. However, it is reasonable to infer that failure to comply with these requirements could result in administrative actions or legal consequences under the broader provisions of the Commonwealth Conciliation and Arbitration Act 1904-1949. For instance, failure to notify the Registrar of a change in registered office within the specified timeframe could lead to administrative penalties or invalidation of the organisation's status under the Act. Similarly, not adhering to the stipulated form and timeframe for applications concerning irregularities in elections could result in the application being dismissed. The specific penalties would depend on the broader legal framework governing the Act and any relevant administrative rules or guidelines.

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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.