Conciliation and Arbitration Regulations (Amendment)

Legislation au C1957L00078 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1957. No. 78.

 

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

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.

Dated this 24th day of December, 1957.

W. J. Slim

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Amendments of the Conciliation and Arbitration Regulations.†

Procedure on date fixed for hearing.

1. Regulation 20 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) On the date fixed for the hearing, the Commissioner—

(a) shall, after hearing all persons who attend before him as parties, or alleged parties, to the dispute as to the matters mentioned in sub-regulation (1.) of regulation 17 of these Regulations, review his previous conclusions as to those matters and make any necessary alterations to the record of his previous conclusions, or, if he has not previously done so, ascertain and record his conclusions on those matters as provided in that regulation;

(b) may determine whether the whole or any part of the evidence or argument is to be presented in writing;

(c) may, after giving to the parties appearing before him an opportunity of presenting their views as to the periods which are reasonably necessary for the fair and adequate presentation of the cases of the parties, determine the periods which are so necessary and inform the parties of their obligation to present their cases within the periods respectively determined; and

(d) shall proceed to hear the parties and settle the dispute by arbitration.”.

 

* Notified in the Commonwealth Gazette on 30th December, 1957.

† Statutory Rules 1956, No. 60.

4827/57.—Price 3d. 9/25.11.1957.


2. After regulation 47 of the Conciliation and Arbitration Regulations the following regulation is inserted:—

Jurisdiction in Chambers.

“47a.—(i.) The jurisdiction of the Court with respect to—

(a) an application which may, under these Regulations, be made ex parte; and

(b) a matter in relation to which these Regulations provide that jurisdiction may be exercised by a Judge, other than a matter referred to in sub-regulation (3.), (4.) or (5.) of regulation 77 of these Regulations,

may, when exercised by a single Judge, be exercised by the Judge sitting in Chambers.

“(2.) A Judge may, either on his own motion or on the motion of a party, direct that a matter brought on in Chambers be heard in open Court.”.

3. After regulation 54 of the Conciliation and Arbitration Regulations the following Regulation is inserted:—

Powers of Court relating to time and place of hearing.

“54a.—(1.) The Court or a Judge may, on its or his own motion or on the motion of a party, in relation to a matter before it or him, by order—

(a) adjourn the matter to a specified time and place;

(b) direct that the hearing of the matter, or the further hearing of the matter, take place at such place as the Court or the Judge specifies; and

(c) alter the date or place fixed for the hearing, or the further hearing, of the matter.

“(2.) An order made under the last preceding sub-regulation may be made subject to such conditions as the Court or the Judge thinks fit.”.

4. After regulation 67 of the Conciliation and Arbitration Regulations the following regulation is inserted in Division 2 of Part III.

Application for interpretation of award.

“67a.—(1.) An application to the Court or a Judge for the interpretation of an award shall be in accordance with Form 14a.

“(2.) When a time and place has been fixed for the hearing of the application, the Registrar shall complete the form of notice filed and furnish a copy thereof to the applicant for the purpose of service.”.

5. Regulation 120 of the Conciliation and Arbitration Regulations is repealed and the following Regulation inserted in its stead:—

Evidence in support of objection.

“120. The objector shall lodge with the notice of objection a statutory declaration in support thereof setting forth shortly the facts upon which the objector relies in respect of each ground of objection, and, within seven days after the notice of objection is lodged with the Registrar, shall serve copies of the notice of objection and of the statutory declaration on the applicants.”.

Service by post.

6. Regulation 143 of the Conciliation and Arbitration Regulations is amended by omitting the words “as a registered letter” and inserting in their stead the words “in a letter sent by registered post or as certified mail”.

Lodging of documents with the Registrar.

7. Regulation 144 of the Conciliation and Arbitration Regulations is amended by omitting the words “or by sending it in a prepaid registered letter properly addressed to him” and inserting in their stead the words “or by properly addressing, prepaying and posting the document in a letter sent by registered post or as certified mail”.


Service upon persons.

8. Regulation 158 of the Conciliation and Arbitration Regulations is amended by omitting from paragraph (d) the words “in a prepaid registered letter” and inserting in their stead the words “in a prepaid letter sent by registered post or as certified mail”.

Service upon corporations.

9. Regulation 159 of the Conciliation and Arbitration Regulations is amended by omitting from paragraph (d) of sub-regulation (1.) the words “in a prepaid registered letter” and inserting in their stead the words “in a prepaid letter sent by registered post or as certified mail”.

Service upon organizations.

10. Regulation 160 of the Conciliation and Arbitration Regulations is amended by omitting from paragraph (d) the words “in a prepaid registered letter” and inserting in their stead the words “in a prepaid letter sent by registered post or as certified mail”.

First Schedule.

11. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting, after Form 14, the following Form:—

Regulation 67a.

Form 14a.

Conciliation and Arbitration Act 1904-19 .

APPLICATION FOR INTERPRETATION OF AN AWARD.

In the Commonwealth Industrial Court.

In the matter of

[Set out title of award.]

And in the matter of an application for an interpretation of the above award dated the              day of              , 19              .

Application is hereby made by for an interpretation of the following provision of the above-mentioned award:—

[State appropriate section of award.]

The applicant submits that the provision should be interpreted in the following manner:—

[State shortly.]

Annexed is an affidavit or affirmation by verifying this application and the facts in relation to which the interpretation is sought.

Dated this day of , 19 .

Applicant.

To the persons and organizations bound by the above-mentioned award:

You are hereby notified that the above-mentioned application will be heard by the Commonwealth Industrial Court at              in the State of

on the day of , 19 ,

at o’clock in the noon and that you may appear and be heard on the hearing of the application.

Dated this day of , 19 .

Registrar.

 

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

Overview

The Conciliation and Arbitration Regulations 1957, made under the Conciliation and Arbitration Act 1904-1956, were enacted to amend and refine the procedural aspects of labour dispute arbitration within Australia. This legislative instrument was introduced to address procedural gaps and inefficiencies identified in the existing regulatory framework, aiming to ensure a more streamlined and effective process for arbitration hearings. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the collaborative effort between the executive and legislative branches of government. The policy objective underpinning these Regulations was to enhance the efficiency, fairness, and accessibility of the arbitration process for resolving industrial disputes, ensuring that the rights and obligations of parties involved were clearly and justly adjudicated.

Scope and Application

The Conciliation and Arbitration Regulations, 1957, under the Conciliation and Arbitration Act 1904-1956, pertain to the procedural and administrative aspects of the Commonwealth Conciliation and Arbitration Commission, now known as the Fair Work Commission, governing labour relations in Australia. The Regulations apply to all persons, entities, and industries engaged in industrial disputes, thereby covering employers, employees, and their respective organisations. The geographic reach of these Regulations is national, as they apply across Australia. The Regulations detail various procedural aspects, including how hearings are conducted, how evidence is presented, and the methods for lodging and serving documents, with amendments clarifying the means of service to include registered post or certified mail. There are no explicit exclusions or thresholds mentioned within these Regulations, although it is understood that they are subordinate to the overarching principles of the Conciliation and Arbitration Act. Additionally, the Regulations can be extended or modified through subordinate instruments, allowing for flexibility in responding to evolving industrial relations practices.

Key Provisions

The statutory rules introduced by Statutory Rules 1957, No. 78, amend and add to the Conciliation and Arbitration Regulations under the Conciliation and Arbitration Act 1904-1956. Specifically, these rules modify the procedures for hearings, introduce new regulations for applications for interpretation of awards, and adjust the service and lodging of documents with the Registrar. Regulation 20 has been amended to detail the Commissioner's role on the date fixed for the hearing, including reviewing previous conclusions, determining the presentation of evidence, and setting periods for case presentation (Regulation 20(1)). A new regulation, 47a, allows the Court's jurisdiction to be exercised by a single Judge sitting in Chambers for certain applications and matters (Regulation 47a). Another new regulation, 54a, empowers the Court or a Judge to alter the time and place of a hearing by order (Regulation 54a(1)). Regulation 67a establishes the procedure for applications for interpretation of awards, requiring adherence to Form 14a and notification to parties (Regulation 67a). Regulation 120 is replaced to mandate the lodging of a statutory declaration with the notice of objection within a specified period (Regulation 120). These amendments impose several obligations on parties involved in conciliation and arbitration proceedings. The Commissioner must review and potentially alter previous conclusions on the date set for hearing, decide on the presentation of evidence, and set periods for case presentations (Regulation 20(1)). Judges are required to exercise their jurisdiction in Chambers for certain applications and matters unless they direct otherwise (Regulation 47a). Parties must comply with the periods set for presenting their cases and ensure that service and lodging of documents are done through registered post or certified mail (Regulations 120, 143, 144, 158, 159, 160). Additionally, applications for the interpretation of awards must follow the specified form and procedure outlined in Regulation 67a. Breaches of these regulations may lead to civil consequences, including but not limited to the invalidity of certain actions or decisions made during the conciliation and arbitration process. The specific offences and penalties are not detailed within the regulations themselves but would be governed by the overarching Conciliation and Arbitration Act 1904-1956 and other applicable laws. The penalties for non-compliance could vary widely depending on the nature and severity of the breach, potentially including fines or other civil remedies.

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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.