Conciliation and Arbitration Regulations (Amendment)

Legislation au C1972L00107 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No. 107

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1972.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904-1972.

Dated this thirteenth day of June, 1972.

Rohan Delacombe

Administrator.

By His Excellency’s Command,

PHILLIP LYNCH

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 inserting after the words—

“Part V.—Organizations (Regulations 115-146).”

the words—

“Part Va.—Amalgamation of Organizations (Regulations 146a-146m).”.

Conditions of registration.

2. Regulation 115 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation:—

“(3.) In addition to the conditions referred to in sub-regulation (1.) of this regulation, it is a condition to be complied with by an association applying for registration that a resolution in favour of registration of the association as an organization shall have been passed in accordance with the rules of the association by a majority of the members present at a general meeting of the association or by an absolute majority of the committee of management of the association.”.

Financial assistance in proceedings under section 140 or 141.

3.—(1.) Regulation 138 of the Conciliation and Arbitration Regulations is repealed.

(2.) The provisions of the regulation repealed by this regulation continue to apply in relation to applications made under that regulation, and authorizations given under that regulation, before the date of commencement of section 48 of the Conciliation and Arbitration Act 1972.

Requests by organizations for cancellation of registration.

4. Regulation 138d of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1.)

Proceeding in requests for cancellation of registration.

5. Regulation 138e of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (7.).

 

* Notified in the Commonwealth Gazette on 1972.

† Statutory Rules 1956, No. 50, as amended by Statutory Rules 1957, No. 78; 1958, Nos. 7 and 53; 1959, No.19; 1960, No. 86; 1961, No. 123; 1963, No, 14; and 1967, Nos. 35 and 136; by Act No. 53 of 1970; and by Statutory Rules 1970, No. 162; 1971, Nos. 95 and 115; and 1972, Nos. 6 and 51

15905/72—Price 10c 10/23.6.1972


Request for conduct of election under section 170.

6. Regulation 139 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) For the purposes of section 170 of the Act, the number of members of an organization or branch by whom a request under that section for the conduct of an election for an office in the organization or the branch, as the case may be, may be made is two hundred and fifty, or one-twentieth of five total number of members of the organization or the branch, as the case may be, whichever is the less.”

7. After Part V. of the Conciliation and Arbitration Regulations the following Part is inserted:—

“Part Va.—Amalgamation of Organizations.

Interpretation.

“146a.—(1.) In this Part, unless the contrary intention appears—

‘applicant’ in relation to an amalgamation, means an organization or association that is a party to an application under section 158f of the Act for approval of the amalgamation.

“(2.) Expressions used in this Part that are defined in section 158a of the Act have the same meanings as they have in Part VIIIa. of the Act.

Schemes submitted under section 158f.

“ 146b. A scheme in writing for an amalgamation submitted under section 158f of the Act shall be signed by two officers of each organization and of the association, if any, submitting she scheme, being officers authorized to sign the scheme, and shall set out—

(a) a general statement of the nature of the amalgamation, identifying the existing organizations concerned and—

(i) if one of the existing organizations is to become the amalgamated organization—indicating that fact;

(ii) if an association that is to be registered for the purposes of the amalgamation is to be the amalgamated organization—indicating that fact, and the name of the association; and

(iii) indicating the organization or organizations the registration of which is to be cancelled;

(b) If the name of an organization is proposed to be changed, a statement of the proposed change;

(c) if the conditions of eligibility for membership of an organization are proposed to be changed, a statement of the proposed changes showing the existing conditions and the proposed conditions;

(d) If the description of the industry in connexion with which an organization is registered is proposed to be changed, a statement of the proposed change, showing the existing description and the proposed description;

(e) if an association is to be registered as an organization, a statement of the conditions of eligibility for membership of that association and of the description of the industry in connexion with which it is proposed to be registered;

(f) a statement that the members of the de-registering organization or organizations are to become, upon the coming into force of the amalgamation, without payment of entrance fee, members of the amalgamated organization; and


(g) a statement of the proposed arrangements under which property of the de-registering organization or organizations is to become the property of the amalgamated organization and liabilities of the de-registering organization or organizations are to be satisfied by the amalgamated organization.

Applications under section 158f.

“146c.—(1.) An application under section 158f of the Act for approval of an amalgamation shall be an application in writing lodged with the Industrial Registrar and signed by two officers of each applicant being officers authorized to sign the application, and shall—

(a) be accompanied by two copies of each of the resolutions passed in accordance with section 158d of the Act in respect of the amalgamation, each copy being verified by a declaration of two or more officers of the organization concerned;

(b) so far as the amalgamation involves a matter referred to in paragraph (a), (b), (c) or (d) of sub-section (1.) of section 158h of the Act, be accompanied by a statement of the facts relied on as showing that the amalgamation, so far as it involve that matter, complies with the requirements of the Act and these Regulations, which statement shall be verified by a declaration of two or more officers of the association or organization concerned;

(c) if the amalgamation involves the registration of an organization—be accompanied by two copies of the documents referred to in paragraphs (a), (b), (c), (d) and (e) of sub-regulation (1.) of regulation 116 of these Regulations, which copies shall be verified by a declaration of two or more officers of the association; and

(d) specify one of the applicant organizations as being authorized to receive service on behalf of the applicants of documents in connexion with the amalgamation.

“(2.) A declaration for the purposes of this regulation shall be made before the Registrar, a Justice of the Peace or a Commissioner for Affidavits.

“(3.) The provisions of regulation 157 of these Regulations do not apply to an application referred to in sub-regulation (1.) of this regulation.

Notice of application for amalgamation.

“146D. The notice of application for approval of an amalgamation published in the Gazette in accordance with section 158g of the Act shall—

(a) state that objections to the amalgamation may be made in accordance with section 158h of the Act and these Regulations within thirty-five days from the date of publication of the notice; and

(b) state that service of a document in connexion with the amalgamation on the applicants may be effected by service of that document on a specified organization, being the organization referred to in regulation 146m of these Regulations.

Objections to amalgamations.

“146e.—(1.) An objection, in accordance with section 158h of the Act, to an amalgamation shall be made by lodging with the Industrial Registrar, within thirty-five days after the publication, in accordance with section 158g of the Act, of the notice of the application in respect of the amalgamation, a notice of objection to the amalgamation—

(a) showing the name and address of the organization or person making the objection;

(b) indicating to which of the matters referred to in paragraphs (a), (b), (c) and (d) of sub-regulation (1.) of section 158h of the Act the objection relates; and

(c) specifying the grounds of the objection and particulars of those grounds.


“(2.) Where an organization lodges a notice of objection under the last preceding sub-regulation, the notice shall be under the seal of the organization or under the hands of two officers authorized to sign the notice.

Evidence in support of objection.

“146f.—(1.) An objector lodging a notice of objection under she last preceding regulation shall lodge with the notice a declaration setting out the facts upon which the objector relies,

“(2.) A declaration for the purposes of this regulation shall be made before the Registrar, a Justice of the Peace or a Commissioner for Affidavits.

Service of notice of objection.

“146g. An objector who has, under regulation 146e of these Regulations, lodged a notice of objection to an amalgamation shall, within seven days after the lodging of the notice, serve on the applicants a copy of the notice and of the declaration lodged with the notice in pursuance of the last preceding regulation.

Evidence in reply.

“146h.—(1.) Where a copy of a notice of objection to an amalgamation has been served on the applicants, any of the applicants may, within fourteen days after the service of the notice, lodge with the Industrial Registrar a declaration setting out the facts relied on in answer to the objection.

“(2.) An applicant who has, under the last preceding sub-regulation, lodged a declaration relating to a notice of objection to an amalgamation shall, within seven days after the lodging of the declaration, serve a copy of the declaration on the objector.

“(3.) A declaration for the purposes of this regulation shall be made before the Registrar, a Justice of the Peace or a Commissioner for Affidavits.

Notice of hearing.

“146j.—(1.) Where the time allowed by regulation 146e of these Regulations Notice of for the lodging of notices of objection to an amalgamation has expired, if any notices of objection have been lodged, the Industrial Registrar shall fix a time and place for the hearing of the objections and shall serve notice of that time and place on the applicants and on each objector.

“(2.) The Industrial Registrar, in fixing a time under the last preceding sub-regulation, shall have regard to the provisions of the last two preceding regulations.

Hearing of objections.

“146k. At the hearing by the Industrial Registrar of objections to an amalgamation—

(a) each applicant, and each objector that is a body corporate, may appear by a representative;

(b) each objector, not being a body corporate, may appear in person or by a representative; and

(c) the Industrial Registrar may permit oral evidence to be given.

Hearing of evidence.

“146l. The Industrial Registrar shall not decide not to give an approval under section 158j of the Act in respect of an amalgamation without giving the applicants an opportunity of being heard.

Service on applicants.

“146m. Service of a document in connation with an amalgamation on the organization specified in the application for approval of the amalgamation in accordance with paragraph (d) of sub-regulation (1.) of regulation 146c of these Regulations shall be deemed to be service on all the applicants”.

Saving as to cancellation of registration of organizations.

8. The amendments made by regulations 4 and 5 of these Regulations do not prevent or affect the cancellation of the registration of an organization made in pursuance of a request under sub-regulation (1.) of regulation 138d of the Conciliation and Arbitration Regulations, not being a cancellation for the purposes of an amalgamation to which Part VIIIa. of the Conciliation and Arbitration Act 1904-1972 applies.

 

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Conciliation and Arbitration Regulations 1972 were enacted to provide detailed provisions under the Conciliation and Arbitration Act 1904-1972, addressing gaps in the regulation of industrial relations and the operations of industrial organizations. The Regulations were made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary policy objective of these Regulations was to streamline the processes for the registration, amalgamation, and cancellation of industrial organizations, ensuring that these organizations comply with certain conditions and procedures. The Regulations included provisions for the amendment of existing rules to incorporate new requirements and to clarify existing processes, particularly in relation to amalgamations of organizations, which were not previously covered in detail in the Act.

Scope and Application

These Regulations, made under the Conciliation and Arbitration Act 1904-1972, apply to the Commonwealth of Australia and govern the procedures for the registration, amalgamation, and cancellation of registrations of organisations involved in industrial relations. They specifically pertain to organisations and associations involved in industrial disputes and their amalgamations. The Regulations set out conditions for the registration of such organisations, detail the process for submitting schemes for amalgamation, and outline the procedure for lodging objections to proposed amalgamations, including the requirements for lodging and serving declarations in support of such objections. The Regulations also modify existing provisions concerning the number of members required to request an election and the financial assistance available in certain proceedings, and they introduce new provisions for the amalgamation of organisations, including the process for submitting applications for approval of amalgamations. While the Regulations are broad in their application to organisations involved in industrial relations, they do not apply to the cancellation of registration for purposes other than amalgamation under the Conciliation and Arbitration Act 1904-1972.

Key Provisions

The Regulations under the Conciliation and Arbitration Act 1904-1972 establish procedures for the amalgamation of organizations. Specifically, Regulation 146b outlines the requirements for a written scheme of amalgamation, which must be signed by two authorized officers of each participating organization and include details such as the nature of the amalgamation, proposed changes to membership eligibility, industry descriptions, and arrangements for property and liabilities. Regulation 146c specifies the contents and verification requirements for an application for amalgamation approval, which must be accompanied by relevant resolutions and declarations. Regulation 146d mandates that a notice of the amalgamation application be published in the Gazette, allowing for objections within thirty-five days. Regulation 146e sets out the process for lodging objections, including the necessary details and timelines. Regulation 146f requires objectors to provide supporting declarations, and Regulation 146g specifies that objectors must serve a copy of their notice and declaration on the applicants. These Regulations impose several obligations on the parties involved. Organizations applying for amalgamation must ensure that their schemes and applications are properly signed and verified, and must provide all required resolutions, documents, and declarations. They must also facilitate the publication of notices and the service of documents related to the amalgamation. Objectors to amalgamations must lodge their notices of objection within the specified timeframe, provide supporting declarations, and serve copies of their notices on the applicants. The Industrial Registrar is responsible for managing the objections process, including scheduling hearings and ensuring that all parties are given an opportunity to be heard. Breach of these regulations could lead to various consequences. While the Regulations themselves do not explicitly outline specific offences or penalties, failure to comply with the requirements for amalgamation applications or objections could result in the Industrial Registrar denying approval for the amalgamation, effectively preventing the amalgamation from proceeding. Additionally, any failure to adhere to the procedural requirements might be subject to judicial review or other legal actions under the Conciliation and Arbitration Act 1904-1972, potentially leading to further penalties or sanctions as prescribed by the Act.

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Employment & Labour Law
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