Conciliation and Arbitration Regulations (Amendment)

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STATUTORY RULES

1970. No.

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REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1969.

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 Cancellation and Arbitration Act 1904-1969.

Dated this eighth day of January, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

B M Snedden

Minister of State for Labour and National Service.

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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 IV.—Procedure of the Commonwealth Court of Conciliation and Arbitration (Regulations 108-114).”

the words—

“Part IVa.—The Flight Crew Officers Industrial Tribunal (Regulations 114a-114d).”

2. After Part IV. of the Conciliation and Arbitration Regulations the following Part is inserted:—

“Part IVa.—The Flight Crew Officers Industrial Tribunal.

Interpretation.

“114a.—(1.) In this Part, unless the contrary intention appears—

‘industrial question’ has the same meaning as in Part IIIA. of the Act;

‘the Tribunal’ means The Flight Crew Officers Industrial Tribunal established by Part IIIa. of the Act.

“(2.) In this Part―

(a) a reference to the person constituting the Tribunal shall be read as a reference to the person appointed by the Governor-General under section 88j of the Act to constitute the Tribunal; and

(b) a reference to a person appointed to perform the functions of the Tribunal in relation to an Industrial question shall be read as a reference to the person appointed under section 88r of the Act to perform the functions of the Tribunal in relation to that industrial question.

 

* Notified in the Commonwealth Gazette on   1969.

† Statutory Rules 1956, No. 60 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.

23093/69—price 8c        10/10.12.1969


Remuneration payable to the person constituting the Tribunal.

“114b. For the purpose of paragraph (a) of section 88l of the Act, a fee of Seventy-five dollars is payable to the person constituting the Tribunal in respect of a day on which—

(a) the Tribunal, constituted by that person, sits for the purpose of—

(i) considering, inquiring into or investigating an industrial question;

(ii) making an award in relation to an industrial question;

(iii) considering a memorandum of the terms of an agreement made under section 31 of the Act in its application to the Tribunal; or

(iv) exercising a power conferred on it by paragraph (d) of sub-section (1.) of section 41 of the Act in its application to the Tribunal;

(b) the person constituting the Tribunal presides over a conference convened in accordance with section 29 of the Act in its application to the Tribunal;

(c) the person constituting the Tribunal sits as Chairman of a Conciliation Committee appointed under section 88za of the Act or sits for the purpose of considering a memorandum of agreement made under that section; or

(d) the Tribunal constituted by that person sits for the purpose of considering whether to make, or of making, an order under section 88y of the Act.

Remuneration payable to person appointed to perform the functions of the Tribunal.

“114c. For the purpose of paragraph (a) of section 88l of the Act in its application, by virtue of sub-section (2.) of section 88r of the Act, to a person appointed to perform the functions of the Tribunal in relation to an industrial question, a fee of One hundred dollars is payable to that person in respect of a day on which—

(a) the Tribunal, constituted by that person, sits for the purpose of—

(i) considering, inquiring into or investigating that industrial question;

(ii) making an award in relation to that industrial question;

(iii) considering a memorandum of the terms of an agreement made under section 31 of the Act in its application to the Tribunal, being an agreement in relation to that industrial question between all or any of the parties to that industrial question; or

(iv) exercising, in relation to that industrial question, a power conferred on the Tribunal by paragraph (d) of sub-section (1.) of section 41 of the Act in its application to the Tribunal;

(b) the person presides over a conference convened, in accordance with section 29 of the Act in its application to the Tribunal, in relation to that industrial question;

(c) the person sits as Chairman of a Conciliation Committee appointed under section 88za of the Act in relation to that industrial question or sits for the purpose of considering a memorandum of agreement made under that section in relation to that industrial question; or

(d) the Tribunal constituted by that person sits for the purpose of considering whether to make, or of making, an order under section 88y of the Act in relation to that industrial question.


Travelling allowance.

“114d. Where the person constituting the Tribunal or a person appointed to perform the functions of the Tribunal in relation to an industrial question is, in order to exercise his functions under the Act, necessarily absent overnight from his place of residence, he is entitled to be paid travelling allowance at the rate of Twenty-one dollars per day in respect of the time during which he is necessarily so absent from his place of residence.”.

Application.

3. The person who constituted The Flight Crew Officers Industrial Tribunal, and a person who, having been appointed under section 88r of the Conciliation and Arbitration Act 1904-1969 to perform the functions of that Tribunal in relation to an industrial question, performed those functions, during the period from and including the thirteenth day of December, 1967, to and including the day immediately before the date of commencement of these Regulations or during a part of that period are each entitled to be paid fees and travelling allowance as if the amendment of the Conciliation and Arbitration Regulations effected by the last preceding regulation had come into operation on the thirteenth day of December, 1967.

Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Conciliation and Arbitration Regulations 1970 were made under the Conciliation and Arbitration Act 1904-1969 by the Governor-General, acting on the advice of the Federal Executive Council, to address administrative and procedural gaps in the operations of the Commonwealth Court of Conciliation and Arbitration, particularly concerning the Flight Crew Officers Industrial Tribunal. This set of regulations provides detailed specifications regarding the remuneration and allowances for the individuals constituting and performing functions of the Flight Crew Officers Industrial Tribunal. The objective of these regulations is to ensure that the tribunal operates smoothly by clearly defining the financial compensation and travel allowances for tribunal members, thus facilitating the tribunal’s role in resolving industrial disputes efficiently and effectively.

Scope and Application

The Conciliation and Arbitration Regulations 1970 establish the procedural framework for The Flight Crew Officers Industrial Tribunal, which is specifically tasked with handling industrial questions related to flight crew officers as outlined in Part IIIa of the Conciliation and Arbitration Act 1904-1969. These regulations apply to the person who constitutes the Tribunal and any individuals appointed to perform the functions of the Tribunal in relation to an industrial question. They determine the remuneration and allowances these individuals are entitled to receive for their services, including fees for days on which the Tribunal sits, presides over conferences, or considers agreements, as well as travelling allowances for necessary overnight absences. The geographic scope of these regulations is nationwide, as they pertain to the Commonwealth of Australia. The regulations also retroactively apply to individuals who performed Tribunal functions from 13 December 1967 up until the date these Regulations came into effect, entitling them to fees and allowances as if the amendments had been in place since the aforementioned date.

Key Provisions

The primary operative sections of the Conciliation and Arbitration Regulations Amendment (Flight Crew Officers Industrial Tribunal) 1970 pertain to the establishment and functioning of the Flight Crew Officers Industrial Tribunal. Regulation 3 introduces a new Part IVa into the Conciliation and Arbitration Regulations, titled "The Flight Crew Officers Industrial Tribunal." This Part includes definitions for key terms such as "industrial question" and "the Tribunal," which refers to The Flight Crew Officers Industrial Tribunal established under Part IIIa of the Act. Regulation 114a provides definitions relevant to the Tribunal's composition and function, while Regulation 114b specifies the remuneration payable to the person constituting the Tribunal at a rate of Seventy-five dollars per day for various activities, including sitting for the purpose of considering industrial questions, making awards, and presiding over conferences. Regulation 114c details the remuneration for a person appointed to perform the functions of the Tribunal, set at One hundred dollars per day for similar activities. Regulation 114d outlines the travelling allowance for both the person constituting the Tribunal and those appointed to perform its functions, at a rate of Twenty-one dollars per day when they are necessarily absent overnight from their place of residence. The Act imposes specific obligations on the parties involved with the Flight Crew Officers Industrial Tribunal. Firstly, it mandates the payment of fees and travelling allowances to the Tribunal members. The person constituting the Tribunal must be paid Seventy-five dollars per day for their activities, as outlined in Regulation 114b. Those appointed to perform the functions of the Tribunal must be paid One hundred dollars per day, according to Regulation 114c. Additionally, any Tribunal member who is necessarily absent overnight from their place of residence must be compensated with a travelling allowance of Twenty-one dollars per day, as stipulated in Regulation 114d. These financial obligations are integral to ensuring the proper functioning of the Tribunal. The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the remuneration and allowance provisions could potentially lead to legal disputes or claims for unpaid fees and allowances. The Tribunal members, in such cases, may seek redress through the courts to enforce their entitlement to the specified fees and allowances. Given the statutory nature of these provisions, any breach could result in legal actions for non-payment, and the aggrieved party could potentially claim damages for the unpaid amounts. The precise penalties would be determined by the court based on the circumstances of the breach and the applicable laws.

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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.