Part III.—Procedure of the Commonwealth Industrial Court.
Division 1.—General (Regulations 43-67).
Division 2.—Procedure in Particular Matters (other than Appeals) (Regulations 68-76).
Division 3.—Appeals (other than Appeals from Courts of a State or Territory) (Regulations 77-78).
Division 4.—Appeals from Courts of a State or Territory (Regulations 79-95).
Division 5.—Costs (Regulations 96-98).
Division 6.—Execution and Attachment (Regulations 99-107).
Part IV.—Procedure of the Commonwealth Court of Conciliation and Arbitration (Regulations 108-114).
Part V.—Organizations (Regulations 115-146).
Part VI.—Inspectors (Regulations 147-153).
Part VII.—Miscellaneous (Regulations 154-171).
Definitions.
4. In these Regulations, unless the contrary intention appears—
“Commissioner” includes, in relation to an industrial dispute, a presidential member of the Commission dealing with the dispute;
“Commissioner for Affidavits” means a person authorized under the law of the Commonwealth or of a State or Territory of the Commonwealth to take affidavits or declarations;
“Judge” means the Court constituted by a single Judge;
“Justice of the Peace” means a Justice of the Peace of a State or part of a State or of a Territory of the Commonwealth;
“the Act” means the Conciliation and Arbitration Act 1904-1956;
“the Registrar” means the Industrial Registrar, and includes a Deputy Industrial Registrar and, for the purposes of Part V. of these Regulations, means, in relation to an organization or branch of an organization—
(a) where the organization is registered at the Principal Registry—the Industrial Registrar or a Deputy Industrial Registrar stationed at the Principal Registry; or
(b) in any other case—the Industrial Registrar or the Deputy Industrial Registrar in charge of the Registry at which the organization is registered.
Forms.
5.—(1.) Any reference in these Regulations to a form shall be read as a reference to a form in the First Schedule to these Regulations.
(2.) Strict compliance with any form shall not be necessary and substantial compliance shall be sufficient.
PART II.—PROCEDURE OF THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION.
Division 1.—General.
Seal of the Commission.
6.—(1.) At each Registry, there shall be a seal bearing the Royal Arms with the words “The Seal of the Commonwealth Conciliation and Arbitration Commission” and the name of the Registry, and any of those seals may be used as the Seal of the Commission.
(2.) The Seal at each Registry shall be in the custody of the Registrar in charge of that Registry and shall be affixed by him or with his authority to all awards and orders of the Commission and to such other documents as the Commission directs.
Stamp of the Commission.
7.—(1.) At each Registry, there shall be a stamp bearing the words “The Stamp of the Commonwealth Conciliation and Arbitration Commission” and the name of the Registry.
(2.) The Stamp at each Registry shall be in the custody of the Registrar in charge of that Registry and shall be affixed by him to all documents issued by him in relation to proceedings before the Commission.
Award or order to be signed.
8.—(1.) Every determination, decision or finding made by the Commission in or for the purpose of the prevention or settlement of an industrial dispute shall be forthwith reduced to writing and embodied in an award or order, and that award or order shall bear the date of its making and shall be signed by the member, or one of the members, who constituted the Commission for the purpose of the making of the determination, decision or finding.
(2.) If a member of the Commission dies or ceases to be a member after a determination, decision or finding has been made by the Commission constituted by him and the award or order has not been reduced to writing or has not been signed by him, an award or order, recording the determination, decision or finding so made, signed by the Registrar, and sealed with the Seal of the Commission, shall have effect as if the award or order had been signed by that member of the Commission.
Award or order to be kept by Registrar.
9. The original of every award or order made by the Commission shall be kept by the Registrar with the documents relating to the proceeding in which the award or order was made.
Service to be effected by parties.
10. Except as otherwise prescribed, or unless the Commission otherwise directs, parties shall serve all documents.
Directions as to service.
11.—(1.) Where provision is made for personal or other service of any document in proceedings before the Commission, the Commission or a member of the Commission may, subject to the Act, make such order for substituted or other service, or for the substitution, for the service otherwise required, of notice by letter, telegram, public advertisement or otherwise, as it or he thinks just.
(2.) Where the Commission or a member of the Commission orders that notice by telegram or public advertisement be substituted for the service otherwise required, the notice shall contain such particulars as the Commission or a member of the Commission directs.
Withdrawal of proceeding.
12. A proceeding before the Commission may, with the leave of the Commission, be withdrawn by the party who initiated the proceeding.
Exhibits.
13. A person shall not take away, without the permission of the Commission or a member of the Commission, any exhibit lodged in connexion with a proceeding before the Commission.
Affidavits and affirmations.
14.—(1.) An affidavit for use in proceedings before the Commission—
(a) shall be on foolscap paper;
(b) shall be written, typewritten or printed on one side of the paper only;
(c) shall be signed on each page by the deponent and the person before whom it is made; and
(d) if made in the Commonwealth, shall be made before a Justice of the Peace or a Commissioner for Affidavits.
(2.) A copy of an affidavit filed in support of a document which is to be served on another party shall be served with that document.
Registrar to deal with process.
15. The Registrar shall either personally, or by such officer as he directs acting in his name and on his behalf—
(a) where necessary, submit to the Commission all documents filed or lodged with him under this Part;
(b) issue all notices and summonses; and
(c) keep a record of the proceedings of the Commission.
Division 2.—Procedure in Particular Matters.
Notification under section 28
16.—(1.) A notification to a Commissioner or to the Registrar under section 28 of the Act may be given orally, by telegraph or in writing, and no particular form need be used, but the person giving the notification shall state therein the parties to the industrial dispute and the industrial matter the subject of the dispute.
(2.) Where an oral notification is given, the person giving the notification shall confirm the notification in writing as soon as may be practicable.
(3.) A notification may be in accordance with Form 1.
(4.) Where a notification is given under section 28 of the Act, the person to whom it is given shall forthwith bring it to the notice of—
(a) the Senior Commissioner;
(b) the Registrar; or
(c) such other Commissioner as is appropriate.
(5.) The Senior Commissioner shall, subject to any directions of the President, inform the President of notifications given under section 28 of the Act.
Record of findings under section 28.
17.—(1.) Where a Commissioner has ascertained, in pursuance of sub-section (1.) of section 28 of the Act, the parties to an industrial dispute and the matters which form the subject of the dispute, he shall make and sign a record of the matters so ascertained, and the Registrar shall keep that record with the documents relating to the dispute.
(2.) Where, after a Commissioner has made any record under this regulation, he is of opinion that that record should be varied by the addition of further parties or otherwise, he shall make and sign a varied record accordingly.
(3.) The record or varied record, or a copy thereof certified by the Registrar to be a true copy, shall be evidence of the facts set out therein as ascertained by the Commissioner.
Application under section 29.
18.—(1.) An application under sub-section (1.) of section 29 of the Act may be in accordance with Form 2 and shall specify the parties to the industrial dispute and the industrial matter the subject of the dispute.
(2.) Such an application may be made by filing the application with the Registrar, who shall forthwith bring the matter under the notice of the Senior Commissioner and such other Commissioner as is appropriate.
Notice to parties of hearing of dispute.
19.—(1.) Subject to regulation 25 of these Regulations, where a dispute is not settled by conciliation, the Commissioner may, of his own motion or on the application of a party, fix a time and place for hearing the parties to the dispute, and persons alleged to be parties, with a view to settlement of the dispute by arbitration.
(2.) Thereupon the Registrar shall, either at the direction of the Commissioner or on the application of a party, issue a notice in accordance with Form 3 to any person appearing to be, or alleged to be, a party to the dispute.
(3.) A notice under the last preceding sub-regulation shall be served—
(a) if it is issued on the application of a party—by that party; or
(b) if it is issued at the direction of the Commissioner—by the Registrar or a person thereunto authorized by the Registrar.
Procedure on date fixed for hearing.
20.—(1.) On the date fixed for the hearing, the Commissioner shall—
(a) 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) determine whether the whole or any part of the evidence or argument is to be presented in writing;
(c) 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) proceed to hear the parties and settle the dispute by arbitration.
(2.) If it appears to the Commissioner that any person who has not been notified under the last preceding regulation is or may be a party to the dispute, he may adjourn the proceedings for the purpose of enabling a notification in a similar form to be given to that person, requiring that person to appear at the time and place to which the proceedings are adjourned, and shall not make an award or order expressed to bind any such person unless that person—
(a) has been so notified and has had an opportunity of being heard in relation to the dispute; or
(b) is a party to the dispute and has appeared or has been represented on the hearing of the dispute.
Summons to witness.
21.—(1.) A summons to a witness may be in accordance with Form 4 or a form approved by the Commission, a member of the Commission or the Registrar.
(2.) Service shall be effected by serving on the witness a copy of the summons signed by a member of the Commission or by the Registrar.
(3.) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.
Application for certificate under section 31.
22.—(1.) An application to the Commission to certify, under section 31 of the Act, a memorandum of the terms of an agreement between the parties to an industrial dispute shall be made by lodging with the Registrar an application in accordance with Form 5 and a signed copy of the memorandum.
(2.) The decision of the Commission on the application shall be reduced to writing, signed by the member, or one of the members, who constituted the Commission for the purpose of the making of the decision and kept by the Registrar with the documents relating to the proceeding.
Opinion under section 33 (3.) to be recorded.
23. An opinion of the Commission in Presidential Session under sub-section (3.) of section 33 of the Act shall be recorded in writing and signed by a member of the Commission and shall be kept by the Registrar with the documents relating to the proceeding.
References under sections 33 (4.) and 34.
24.—(1.) A reference under sub-section (4.) of section 33 of the Act for the opinion of the President shall state the question referred to the President, shall be in writing signed by the Commissioner, and shall set out—
(a) full particulars of the matter in relation to which the question has arisen;
(b) any findings of fact made by the Commissioner in relation to the matter which may be relevant to the question; and
(c) a short statement of the contentions of the parties on the question,
and shall be accompanied by a copy of the notes (if any) of the evidence and argument before the Commissioner relevant to the question.
(2.) An opinion, of the President on such a reference shall be recorded in writing and signed by the President and shall be kept, together with the reference, by the Registrar with the documents relating to the proceeding.
(3.) The decision of the President on a consultation under section 34 of the Act shall be reduced to writing, signed by the President and kept by the Registrar with the documents relating to the proceeding.
Hearing by the Commission constituted otherwise than by a single Commissioner.
25.—(1.) Where an industrial dispute is to be heard and determined—
(a) by the Commission in Presidential Session; or
(b) by the Commission constituted as provided by section 34 of the Act,
the President may, on his own motion or on the application of a party, fix a time and place for the hearing by the Commission of the parties to the dispute and persons alleged to be parties to the dispute.
(2.) Thereupon the Registrar shall, either at the direction of the President or on the application of a party, issue a notice in accordance with Form 3, directed to any person appearing to be, or alleged to be, a party to the dispute.
(3.) A notice under the last preceding sub-regulation shall be served—
(a) if it is issued on the application of a party—by that party; or
(b) if it is issued at the direction of the President—by the Registrar or a person thereunto authorized by the Registrar.
(4.) The Registrar shall, in the case of an industrial dispute which is to be heard and determined by the Commission constituted as provided by section 34 of the Act, give notice to the Attorney-General of the time and place fixed for the hearing.
(5.) On the day fixed for the hearing, the Commission shall make such preliminary determinations and give such directions as are necessary (including determinations and directions under sub-sections (2.) and (3.) of section 40 of the Act) and may, if it appears necessary, adjourn the proceedings for the purpose of enabling the parties to present their cases in accordance with those directions.
Documents for use of Commission.
26.—(1.) Not less than five days before the date fixed for the hearing of any matter by the Commission in Presidential Session or by the Commission constituted as provided by section 34 of the Act, every party who has filed any document in the matter shall lodge in a Registry three copies, or such greater number of copies as will provide one for each of the members who will constitute the Commission, of the document.
(2.) A member of the Commission may, on the application of any party, exempt that party from compliance with the requirements of the last preceding sub-regulation.
(3.) An application under the last preceding sub-regulation may be made ex parte.
Institution of appeal.
27.—(1.) An appeal under section 35 of the Act to the Commission constituted as provided by that section shall be instituted by filing with the Registrar a notice of appeal in accordance with Form 6, together with three copies of—
(a) the notice of appeal;
(b) the notice, summons or other document upon which the award, order or decision under appeal was made;
(c) the notes (if any) of the evidence and argument before the Commissioner;
(d) each document which was an exhibit before the Commissioner;
(e) the award, order or decision appealed against; and
(f) the statement (if any) of the reasons of the Commissioner for the award, order or decision.
(2.) The appellant shall, within seven days after the filing of the notice of appeal, serve a copy of the notice of appeal upon—
(a) the other parties who appeared or were represented before the Commissioner or the representatives of those parties; and
(b) the Attorney-General.
(3.) The President or a member of the Commission may exempt an appellant from compliance with any of the requirements of sub-regulation (1.) of this regulation.
Date and place of hearing.
28. The President shall fix a time and place for the hearing of the appeal, and the Registrar shall give notice of the time and place so fixed to—
(a) the appellant;
(b) the other parties who appeared or were represented before the Commissioner or the representatives of those parties;
(c) such other persons as the President directs; and
(d) the Attorney-General.
Additional copies of documents may be required.
29. The President may, when fixing the time and place for the hearing of an appeal, direct that additional copies of the documents referred to in sub-regulation (1.) of regulation 27 of these Regulations be lodged with the Registrar and the Registrar shall, in such a case, give notice to the appellant accordingly.
Application under section 35 (5.).
30. An application for an order under sub-section (5.) of section 35 of the Act may be made ex parte.
Application for variation or setting aside of award or variation of agreement.
31.—(1.) For the purposes of section 59 of the Act—
(a) an application for the setting aside of an award or order or any of the terms of an award or order may be made by filing with the Registrar a notice in accordance with Form 7; and
(b) an application for variation of the terms of an award or order may be made by filing with the Registrar a notice in accordance with Form 8.
(2.) Forthwith upon the making of an application referred to in this regulation, the Registrar shall bring the matter under the notice of the President, the Senior Commissioner or such other Commissioner as is appropriate.
(3.) 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.
Provisions implementing section 61.
32.—(1.) The prescribed time for the purposes of paragraph (c) of section 61 of the Act is fourteen days after the service on the person concerned of the notification referred to in that paragraph or the time between the date of that service and the date of the conclusion of the hearing of the industrial dispute, whichever is the longer.
(2.) A notification for the purposes of paragraph (b) or (c) of section 61 of the Act may be served or given—
(a) in the manner authorized by regulation 158, 159 or 160 of these Regulations, as the case may require, for the service of documents; or
(b) in accordance with an order made by the Commission or a member of the Commission under regulation 11 of these Regulations.
Application for a common rule.
33.—(1.) An application to the Commission for a declaration that any term of an award shall, in a Territory of the Commonwealth, be a common rule of any industry shall be made by filing with the Registrar an application in accordance with Form 9.
(2.) Forthwith upon the filing of any such application, the Registrar shall bring the matter under the notice of the President, the Senior Commissioner or such other Commissioner as is appropriate.
(3.) After the filing of such an application, the applicant shall apply to the Commission or a member of the Commission for directions as to—
(a) the persons (if any) to whom notice, other than the Gazette notice, of the application shall be given;
(b) the times within which that notice is to be served on those persons and the form of the notice;
(c) the publications (if any), other than the Gazette, in which notice of the application shall be published;
(d) the time, manner and form in which the notice in the Gazette and in any such other publication shall be given; and
(e) the time and place for hearing the application.
(4.) An application under the last preceding sub-regulation may be made ex parte.
(5.) The notification to be published in the Gazette and in the other publications (if any), and (with any necessary modifications) the notice of the application directed to be served on any person, shall, subject to any directions of the Commimission or a member of the Commission, be in accordance with Form 10.
Service and publication.
34.—(1.) The applicant shall, in accordance with the directions given under the last preceding regulation and with these Regulations, serve the notices (if any) directed to be served.
(2.) The Registrar shall, on behalf of the Commission, cause the notice to be published in the Gazette and the other publications (if any).
Notice of objections, &c., to application for common rule.
35. Unless the Commission otherwise directs, a person claiming to be interested in, and desiring to be heard on, an application of the nature mentioned in regulation 33 of these Regulations shall, at least three days before the day fixed for the hearing, file with the Registrar a notice in accordance with Form 11 and shall, as soon as practicable before the hearing, serve a copy of the notice upon the applicant.
Publication of common rule.
36. Where the Commission declares that any term of an award shall, in a Territory of the Commonwealth, be a common rule of an industry, a copy of the declaration shall, when signed, be published by the Registrar in the Gazette.
Certain applications under section 41 (d).
37.—(1.) In a proceeding before the Commission in relation to an industrial dispute—
(a) a party to the dispute;
(b) the Attorney-General of a State; or
(c) an association (whether a party to the dispute or not) acting on behalf of persons who might be affected by any award or order that might be made by the Commission in relation to the dispute,
may apply to the Commission for a decision that it refrain from further hearing or from determining the dispute or part of the dispute on the ground that the dispute or part has been dealt with or is being dealt with or is proper to be dealt with by a State Industrial Authority.
(2.) Where an application is made under the last preceding sub-regulation, the Commission shall hear the applicant and such parties as have an interest in the application.
(3.) The decision of the Commission on the application shall be recorded in writing signed by the member, or one of the members, who constituted the Commission for the purpose of making the decision and shall be kept by the Registrar with the documents relating to the proceeding.
Application for suspension or cancellation of award.
38. An application under section 62 of the Act shall be supported by an affidavit setting out the grounds on which the suspension or cancellation is sought.
Settlement of awards and orders.
39.—(1.) The Registrar shall, if the Commission constituted by more than one member so directs, settle the minutes of an award or order of the Commission as so constituted.
(2.) Where the Commission as so constituted directs that the minutes of an award or order be settled by the Registrar, the party who was the applicant or the party directed by the Commission shall, within fourteen days after the decision of the Commission was given, or within such further time as the Registrar allows, lodge the minutes of the award or order with the Registrar.
(3.) The Registrar shall, within fourteen days after the lodging of the minutes of an award or order, give to the parties such notice of his intention to settle the minutes as he thinks proper, but may, if he thinks it unnecessary to give notice to a party, settle the minutes without notice to that party.
(4.) If a party is dissatisfied with the form in which the minutes of an award or order have been settled, he may, within three days after the settlement, apply to the Commission to vary the minutes as settled.
(5.) If the party who is required so to do fails to lodge minutes of the award or order within the time prescribed by this regulation, the Registrar shall proceed to prepare and settle the minutes, and for that purpose may give all necessary notices, and the party in default shall, on demand by the Registrar, pay to him the fee prescribed in the Third Schedule to these Regulations for preparation by the Registrar of an award or order for settlement.
Applications under section 45B of Navigation Act.
40. An application under section 45B of the Navigation Act 1912-1956 shall be in accordance with Form 12 and shall be supported by an affidavit.
Application of this Part to proceedings under other Acts.
41.—(1.) The provisions of this Part prescribing the practice and procedure in relation to references and appeals under the Act apply, mutatis mutandis and so far as they are applicable, with respect to references and appeals to the Commission under another Act.
(2.) For the purposes of the application of the last preceding sub-regulation, a reference in this Division to a Commissioner shall be deemed to be a reference to the person who, under the other Act, exercises the like powers, duties and functions as a Commissioner.
Application of this Part to proceedings under Divisions 2, 3 and 4 of Part III. of the Act.
42. This Part extends to and in relation to proceedings under Divisions 2, 3 and 4 of Part III. of the Act and in its application to those Divisions—
(a) references in this Part to industrial disputes shall be read as including references to industrial questions (other than industrial disputes); and
(b) references to a Commissioner or to the Commissioner shall be read as references to the presidential member of the Commission constituting the Commission under whichever of those Divisions is applicable.
PART III.—PROCEDURE OF THE COMMONWEALTH INDUSTRIAL COURT.
Division 1.—General.
Seal of the Court.
43.—(1.) At each Registry, there shall be a seal bearing the Royal Arms with the words “The Seal of the Commonwealth Industrial Court” and the name of the Registry, and any of those seals may be used as the Seal of the Court.
(2.) The Seal at each Registry shall be in the custody of the Registrar in charge of that Registry and shall be affixed by him or with his authority to judgments and orders of the Court and to such other documents as the Court or a Judge directs.
Stamp of the Court.
44.—(1.) At each Registry, there shall be a stamp bearing the words “The Stamp of the Commonwealth Industrial Court” and the name of the Registry.
(2.) The Stamp at each Registry shall be in the custody of the Registrar in charge of that Registry and shall be affixed by him to all documents issued by him in relation to proceedings before the Court.
Vacations.
45.—(1.) The vacations and holidays of the Court shall be the same as those of the High Court.
(2.) If the Court or a Judge considers it necessary, the Court may sit, or Chamber-business may be taken, during vacation.
High Court practice.
46. Where none of these Regulations is applicable, the practice for the time being of the High. Court shall, except, in any particular case where the Court or a Judge otherwise directs, regulate, as far as is practicable, the practice of the Court.
Jurisdiction of a single Judge.
47.—(1.) For the purposes of paragraph (h) of sub-section (2.) of section 104 of the Act, the matters of practice or procedure with respect to which the jurisdiction of the Court may be exercised by a single Judge are those matters in relation to which these Regulations provide that a power or function may be exercised by a Judge.
(2.) A Judge may exercise the powers and functions of the Court in relation to any matter of practice or procedure which, under the High Court Rules, would, if it arose in the High Court, be exercisable by a single Justice of the High Court.
General method of procedure.
48. All applications to the Court or a Judge for which no other method of procedure is provided by these Regulations shall, unless otherwise directed by a Judge, be made in accordance with Form 13.
Judge may extend prescribed time.
49. The Court or a Judge may extend any time prescribed by this Part, whether or not the time has already expired.
Form of documents.
50.—(1.) All documents filed in Court or lodged with the Registrar shall, unless the nature of the document renders it impracticable—
(a) be legibly and clearly written, typewritten or printed, without blotting, erasure or such alteration as to cause material disfigurement;
(b) have a space of not less than a quarter of an inch between each line;
(c) be upon folio foolscap white paper of good and durable quality and capable of receiving ink writing;
(d) be upon one side only of the paper with a quarter margin upon the left hand side of each sheet;
(e) be folded lengthwise;
(f) have each page numbered; and
(g) have a backsheet upon which appears the number (if known) and the title of the proceeding, a short description of the document and the name and address of the solicitor or person filing or lodging the document.
(2.) The Registrar may refuse to file or accept a document if it does not comply with the provisions of the last preceding sub-regulation, and the costs of the document may be disallowed upon taxation.
Documents to be lodged in duplicate.
51. All documents to be filed in the Court shall, except where otherwise prescribed, be lodged in duplicate.
Copies of documents for use of Court.
52.—(1.) Not less than five days before the date fixed for the hearing of any matter by the Court (except where the jurisdiction of the Court is exercised by a single Judge), every party who has filed any document in the matter shall lodge in a Registry three copies of each such document.
(2.) A Judge may, on the application of any party, exempt that party from compliance with the requirements of the last preceding sub-regulation.
(3.) An application under the last preceding sub-regulation may be made ex parte and without the filing of an affidavit.
Affidavit to accompany documents.
53.—(1.) Except where otherwise provided in these Regulations a summons, application or notice of appeal in relation to proceedings or proposed proceedings in the Court or before a Judge shall be supported by an affidavit or affirmation.
(2.) Where a summons, application or notice of appeal, or a copy thereof, is served upon a party or other person, it shall be accompanied by a copy of the affidavit or affirmation.
Affidavits and affirmations.
54.—(1.) An affidavit or affirmation filed in the Court—
(a) shall be signed on each page by the deponent and the person before whom it is made; and
(b) if made in the Commonwealth, shall be made before a Justice of the Peace or a Commissioner for Affidavits.
(2.) Except as provided by the last preceding sub-regulation and regulation 50 of these Regulations, the provisions of the High Court Rules relating to affidavits apply, so far as applicable, to affidavits and affirmations filed in the Court.
Notice of intention to give oral evidence.
55. In any proceeding before the Court in which oral evidence is to be called, the party intending to call that evidence shall—
(a) endorse on the process notice of his intention to do so; or
(b) not less than two clear days before the hearing, file a notice of that intention and serve a copy of the notice upon the other party or parties.
Carnage of proceedings.
56.—(1.) Except where otherwise provided, the party who initiates proceedings has the carriage thereof.
(2.) Where the party so entitled to the carriage fails to take any step within the time fixed by these Regulations, or by the Court, a Judge or the Registrar, the Registrar may commit the carriage to any other party to the proceeding.
Registrar to deal with process.
57. The Registrar shall either personally, or by such officer as he directs acting in his name and on his behalf—
(a) where necessary, submit to the Court all documents filed or lodged with him under this Part;
(b) issue all summonses, notices, warrants and writs; and
(c) keep a record of the proceedings of the Court.
Summons to witness.
58.—(1.) A summons to a witness shall be in accordance with Form 14 or a form approved by the Court, a Judge or the Registrar.
(2.) Service shall be effected by serving on the witness a copy of the summons signed by a Judge or the Registrar.
(3.) Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness upon whom it is served.
Service to be effected by parties.
59. Except as otherwise prescribed, or unless the Court or a Judge otherwise directs, parties shall serve all documents.
Direction as to service.
60.—(1.) Where provision is made for personal or other service of any document in proceedings before the Court, the Court or a Judge may, subject to the Act, make such order for substituted or other service, or for the substitution for the service otherwise required, of notice by letter, telegram, public advertisement or otherwise, as it or he thinks just.
(2.) Where the Court or a Judge orders that notice by telegram or public advertisement be substituted for the service otherwise required, the notice shall contain such particulars as the Court or the Judge directs.
Time for service of summons.
61. A summons, notice and rule to show cause shall be served at least two clear days before the day fixed for the hearing of the proceeding, unless the Court or a Judge gives leave for shorter service.
Exhibits.
62. A person shall not take an exhibit out of Court without the permission of the Court or a Judge.
Settlement of orders or judgments.
63.—(1.) The Registrar shall, if the Court or a Judge so directs, settle the minutes of an order or judgment of the Court or a Judge.
(2.) Where the Court or a Judge directs that the minutes of an order or judgment be settled by the Registrar, the party who has the carriage of the order or judgment shall, within fourteen days after the order or judgment of the Court or Judge was given, or within such further time as the Court or a Judge allows, lodge the minutes of the order or judgment with the Registrar.
(3.) The Registrar shall, within fourteen days after the lodging of the minutes of an order or judgment, give to the parties such notice of his intention to settle the minutes as he thinks proper, but may, if he thinks it unnecessary to give notice to a party, settle the minutes without notice to that party.
(4.) If the party who has the carriage of an order or judgment fails to lodge minutes of the order or judgment within the time prescribed by this regulation, the Registrar shall proceed to prepare and settle the minutes, and for that purpose may give all necessary notices, and the party in default shall, on demand by the Registrar, pay to him the fee prescribed in the Third Schedule to these Regulations for preparation by the Registrar of an order or judgment for settlement.
(5.) Subject to any direction of the Court or a Judge, the party who is successful in a proceeding has the carriage of the order or judgment.
Order or judgment to be signed and sealed.
64.—(1.) Every order or judgment of the Court or a Judge shall bear the date of its making, shall be signed by one or more of the members of the Court who took part in the decision, or by the Judge, as the case may be.
(2.) If a Judge dies or ceases to hold office after an order or judgment has been made by that Judge and the order or judgment has not been signed by him, an order or judgment in terms of the order or judgment so made signed by the Registrar and sealed with the Seal of the Court shall have effect as if the order or judgment had been signed by the Judge.
Order or judgment to be retained by the Registrar.
65. The original of every order or judgment made by the Court or a Judge shall be kept by the Registrar with the documents relating to the proceeding in which the order or judgment was made.
Withdrawal of process.
66. Subject to the Act, a proceeding before the Court or a Judge may, with the leave of the Court or a Judge, be withdrawn by the party who initiated the proceeding.
Where form not prescribed.
67. Where a form is not prescribed for any document, or where a prescribed form is not suitable to the circumstances of a particular case, the form shall be such as the Court or a Judge directs or approves for the purposes of a particular case.
Division 2.—Procedure in Particular Matters (other than Appeals).
Reference by single Judge or Commission to Court.
68.—(1.) A reference by a Judge of a question of law arising in proceedings before him for the opinion of the Court constituted as provided by section 105 of the Act shall be in writing signed by the Judge and shall set out—
(a) full particulars of the matter in relation to which the question has arisen;
(b) any findings of fact made by the Judge in relation to the matter which may be relevant to the question;
(c) a short statement of the contentions of the parties on the question;
(d) if relevant to the question, the terms of any order proposed to be made by the Judge; and
(e) a precise statement of the question on which the opinion of the Court is sought,
and shall be lodged with the Registrar together with a copy of the notes (if any) of the evidence and argument before the Judge relevant to the question.
(2.) A reference by the Commission of a question of law arising in proceedings before it for the opinion of the Court under section 107 of the Act shall be in writing signed by the member or members constituting the Commission and shall set out—
(a) full particulars of the matter in relation to which the question has arisen;
(b) any findings of fact made by the Commission in relation to the matter which may be relevant to the question;
(c) a short statement of the contentions of the parties on the question;
(d) if relevant to the question, the terms of any award or order proposed to be made by the Commission; and
(e) a precise statement of the question on which the opinion of the Court is sought,
and shall be lodged with the Registrar together with a copy of the notes (if any) of the evidence and argument before the Commission relevant to the question.
(3.) Before referring a question of law to the Court, the Judge or the Commission shall, where practicable, consult the parties who have appeared before him or it and are affected by the terms in which the question is to be so referred.
Time and place of hearing.
69.—(1.) Where a Judge or the Commission has referred a question of law for the opinion of the Court, the Chief Judge shall fix a time and place for the hearing of the question, and shall give such directions to the Registrar as the Chief Judge thinks proper for notifying any persons interested in the question of the time and place so fixed.
(2.) The Registrar shall forward with the notification a copy of the reference.
Procedure under section 109 (1.) (a) or (b), 140, 141, 143 (1.) or 150.
70.—(1.) Proceedings under paragraph (a) or (b) of sub-section, (1.) of section 109, under section 140 or 141, under sub-section (1.) of section 143 or under section 150 of the Act shall be by rule in accordance with Form 15 calling upon the person or organization concerned to show cause why the order should not be made.
(2.) An application for a rule specified in the last preceding sub-regulation may be made to the Court or a Judge ex parte supported by an affidavit verifying the facts upon which the application is based.
(3.) The affidavit in support of an application under section 140 of the Act shall set forth—
(a) the rule or rules sought to be disallowed;
(b) the ground specified in that section upon which the application is founded; and
(c) a short statement of the reasons relied on by the applicant.
(4.) The affidavit in support of a complaint under section 141 of the Act shall set forth—
(a) the rule or rules the performance or observance of which is in question;
(b) the nature of the order sought; and
(c) a short statement of the grounds relied on by the applicant, including the facts relied on by the applicant as establishing the obligation of the person against whom the order is sought to perform or observe the rule or rules in question.
(5.) As soon as practicable after an application for a rule specified in sub-regulation (1.) of this regulation is granted, the applicant shall file the rule and the supporting affidavit with the Registrar.
Matters and questions referred to Court by Registrar.
71. Where, under section 112 of the Act, the Registrar refers a matter or question to the Court for decision, the Chief judge shall fix a time and place for the hearing of the matter or question, and shall give such directions to the Registrar as the Chief Judge thinks proper for notifying any persons interested in the matter or question of the time and place so fixed.
Alteration of rules by association applying for registration.
72.—(1.) An application to the Court under section 134 of the Act shall be in accordance with Form 16 and shall be filed with the Registrar.
(2.) An association which has altered its rules in accordance with leave granted by the Court under section 134 of the Act shall, within twenty-eight days after the alteration, lodge with the Registrar two copies of the alterations, verified by statutory declaration.
Application under section 144.
73. An application under section 144 of the Act shall be in accordance with Form 17 and shall be filed with the Registrar.
Application under section 159.
74.—(1.) An application under section 159 of the Act shall be in accordance with Form 18 and shall be lodged with the Industrial Registrar.
(2.) The time after the completion of an election within which an application under section 159 of the Act in respect of the election may be lodged is six months.
Applications under section 35 of the Stevedoring Industry Act 1956.
75. An application under section 35 of the Stevedoring Industry Act 1956 shall be in accordance with Form 13 and shall be filed with the Registrar.
Proceeding for penalty or offence.
76.—(1.) Every application for the recovery of a penalty for any breach or non-observance of an award or order shall be by summons in accordance with Form 19.
(2.) Proceedings before the Court in respect of an offence against the Act (including these Regulations) or another Act or proceedings for a contempt of the Court shall be instituted by summons upon information in accordance with Form 20.
(3.) A summons issued on an information shall be in accordance with Form 21.
Division 3.—Appeals (other than Appeals from. Courts of a State or Territory).
Appeals from Registrar.
77.—(1.) An application under paragraph (c) of sub-section (1.) of section 109 of the Act for leave to appeal to the Court shall be made within twenty-one days after the act or decision sought to be appealed against—
(a) by filing with the Registrar from whose act or decision the appeal is sought to be brought an application in accordance with Form 22; and
(b) by serving a copy of the application on any other person who appeared or was represented before the Registrar or his representative.
(2.) The Court or a Judge shall fix a time and place for the hearing of the application and the Registrar shall give notice thereof to the appellant and to any other person who appeared or was represented before the Registrar or his representative and to any person to whom the Court or a Judge directs that notice be given.
(3.) The Registrar may, if the Court or a Judge thinks fit, be heard on the application for leave to appeal.
(4.) If leave to appeal is granted—
(a) the Court or a Judge may proceed to hear the appeal forthwith if the Court or Judge is satisfied that it is just so to do; or
(b) in any other case, the Court or Judge shall fix a time and place for the hearing of the appeal and the Registrar shall give notice thereof to the appellant, to all persons to whom notice of the hearing of the application for leave to appeal was given and to all persons who appeared on the hearing of the application for leave to appeal.
(5.) The Registrar may, if the Court or a Judge thinks fit, be heard on the hearing of the appeal.
(6.) The Court’s order on the appeal shall be lodged with the Registrar whose decision has been appealed against, and that Registrar shall do all things necessary to be done on his part to carry the order into effect.
Appeals under section 37 of the Stevedoring Industry Act 1956.
78.—(1.) An appeal under section 37 of the Stevedoring Industry Act 1956 shall be in accordance with Form 23.
(2.) The prescribed officer for the purposes of that section is the Deputy Industrial Registrar in the State or Territory in which the port at which the appellant was registered is situated.
(3.) Unless otherwise directed by the Court or a Judge, an appeal shall be heard at the Capital City of the State, or the principal city or town of the Territory, in which the port at which the appellant was registered is situated.
Division 4.—Appeals from Courts of a State or Territory.
Mode of instituting appeals.
79.—(1.) An appeal to the Court under section 113 of the Act from a judgment, decree, order or sentence of a court referred to in that section shall be instituted by notice of appeal.
(2.) The appellant may, by the notice of appeal, appeal from the whole or any part of the decision, and the notice of appeal shall state whether the whole or part only of the decision is complained of, and, in the latter case, shall specify the part complained of.
(3.) The notice of appeal shall state shortly the grounds on which the appellant intends to rely.
(4.) The notice of appeal shall be filed with the Registrar within twenty-one days after the date on which the decision appealed from was pronounced.
Place for hearing appeals.
80. Unless otherwise directed by the Court or a Judge, an appeal shall be heard at the Capital City of the State, or the principal city or town of the Territory, from a court of which the appeal is brought.
To whom notice to be given.
81.—(1.) The notice of appeal shall be served upon all parties affected by the appeal.
(2.) It shall not be necessary to serve parties not so affected, but the Court may direct notice of the appeal to be served on a person not a party, and in the meantime may postpone or adjourn the hearing of the appeal upon such terms as are just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.
(3.) A person on whom notice of an appeal is so directed to be served shall, for the purposes of this Division, be deemed to be a respondent.
(4.) Any notice of appeal may be amended at any time as the Court thinks fit.
(5.) The appellant shall, before setting down the appeal, file an affidavit of service in the Registry of the Court in the State or Territory of the Commonwealth in which the decision appealed from was given.
Title of appeals.
82. A notice of appeal and all subsequent proceedings on appeals shall be entitled “In the Commonwealth Industrial Court, on appeal from” (naming the court from which the appeal is brought) and shall also be entitled as between the party appellant and the party respondent.
Notice to Registrar.
83. The appellant shall, within seven days after filing with the Registrar the notice of appeal, file a copy of the notice of appeal in the court from which the appeal is brought.
Appealable nature of judgment to be shown by affidavit.
84.—(1.) The appellant shall file with the copy of the notice of appeal filed in the court from which the appeal is brought an affidavit setting out sufficient facts to show that the judgment or order is one from which an appeal lies to the Court, and shall file a copy of the affidavit with the copy of the notice of appeal in the Registry of the Court.
(2.) Where the evidence given in the court from which the appeal is brought is material for the purposes of the appeal and no depositions, written transcript or official notes of that evidence are available, the affidavit shall set forth an account of the evidence given in that court, and that affidavit may be answered on affidavit by any respondent.
(3.) Any such answering affidavit shall be filed with the Registrar within ten days after service of the notice of appeal on the respondent filing the affidavit or within ten days after service on him of notice of the setting down of the appeal, whichever is the later.
(4.) Where notice of appeal to the Court is given in any case in which an appeal cannot be brought to the Court, the Court or a Judge may set aside the notice.
When appeal deemed to be instituted.
85. Upon compliance by the appellant with regulations 79, 81, 82, 83 and 84 of these Regulations, the appeal shall be deemed to be instituted.
Security for costs may be ordered.
86.—(1.) The Court or a Judge may, on the application of a respondent, order the appellant to give security to its or his satisfaction for the costs of the appeal.
(2.) Where an order for security for costs has not been complied with, the Court may dismiss or refuse to hear the appeal.
Transmission of documents.
87.—(1.) The proper officer of the court from which the appeal is brought shall forthwith after the filing in that court of a copy of the notice of appeal transmit to the Registrar in charge of the Registry in the State or Territory of the Commonwealth in which the judgment or order was given a certified copy of all such documents as are required for the hearing of the appeal.
(2.) If the appeal is directed to be heard elsewhere than in that State or Territory, the Registrar shall transmit the copies to the Registrar in charge of the Registry situated in the place where the appeal is to be heard.
(3.) A statement of the reasons of the court for the decision shall, if available, be included in the documents transmitted in accordance with the preceding provisions of this regulation.
(4.) Upon application of the appellant and upon payment of the prescribed fee (if any), the proper officer of the court from which the appeal is brought shall supply to the appellant a list of the documents referred to in this regulation and a certified copy of any of those documents which are not in the possession of the appellant.
Setting down appeal for hearing.
88.—(1.) The appeal shall be set down by the appellant for hearing at a sitting of the Court appointed for hearing appeals at the place at which it is to be heard.
(2.) Unless the Court or a Judge otherwise directs, the appeal shall be set down for the first such sitting appointed to be held after the expiration of one month from the institution of the appeal, unless the respondent consents to its being heard at an earlier sitting.
(3.) If the appellant does not set down the appeal for hearing at that sitting, or does not, at least three weeks before the day appointed for holding the sitting, give notice to the respondent that he has done so (unless the respondent consents to take shorter notice), the respondent, or a respondent, if more than one, may apply to the Court, at any place at which it may be sitting, by motion upon notice for an order dismissing the appeal for want of prosecution.
(4.) If, in a case to which the last preceding sub-regulation applies, the respondent or a respondent does not, within six months after the filing of the notice of appeal, apply for an order referred to in that sub-regulation, the Court shall, on the application of the Registrar, dismiss the appeal for want of prosecution.
Written argument on appeals.
89.—(1.) Notwithstanding anything contained in this Division, the Court or a Judge may, with the consent of the parties, permit the legal argument in connexion with an appeal to be presented in whole or in part in writing, and, where the argument is to be presented wholly in writing, it shall not be necessary for the appeal to be set down for hearing or for the parties to appear on the hearing of the appeal either personally or by counsel.
(2.) The Court or a Judge may give any consequential directions with respect to the procedure in an appeal to which this regulation applies.
Cross appeals.
90.—(1.) It shall not be necessary for a respondent to give notice of motion by way of cross appeal, but if a respondent intends upon the bearing of an appeal to contend that the decision appealed from should be varied, he shall, not less than twenty-one days before the day for which the appeal is set down for hearing, give notice of his intention to such of the parties as may be affected by the contention.
(2.) The omission to give such a notice shall not diminish the powers of the Court when hearing the appeal, but may, in the discretion of the Court, be ground for an adjournment of the appeal or for a special order as to costs.
(3.) A copy of the notice shall be filed in the Registry.
Transcript to be lodged.
91.—(1.) Five days at least before the day upon which the appeal is set down for hearing, the appellant shall, unless otherwise ordered—
(a) lodge in the Registry situated in the place where the appeal is to be heard four copies of a transcript setting out the notice of appeal, the affidavit of the appellant, the documents referred to in regulation 87 of these Regulations and any affidavit or notice filed or given by a respondent; and
(b) serve two copies of that transcript upon each respondent or upon his solicitor.
(2.) Persons suing or defending jointly shall be deemed a single party for the purpose of this regulation.
Powers of Court.
92.—(1.) An interlocutory judgment or order from which there has been no appeal does not operate to prevent the Court, upon hearing an appeal, from giving such decision upon the appeal as is just.
(2.) The Court may have regard to the evidence given in the Court from which the appeal is brought and has full discretionary power to receive further evidence upon questions of fact, which evidence may be taken either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner.
(3.) The Court, upon the hearing of an appeal, has power to draw inferences of fact, and to give any judgment and make any order which ought to have been given or made in the first instance, and to make such further or other order as the case requires.
(4.) The powers specified by the last preceding sub-regulation may be exercised by the Court notwithstanding that the notice of appeal asks that part only of the decision may be reversed or varied, and may be exercised in favour of all or any of the respondents or parties, including respondents or parties who have not appealed from or complained of the decision.
Stay of proceedings.
93.—(1.) When an appeal has been duly instituted, the execution of the judgment or order appealed from shall be stayed until the determination of the appeal or the dismissal of the appeal for want of prosecution.
(2.) The Court or a Judge may nevertheless give leave to prosecute the judgment or order upon the party desiring to prosecute it giving security to its or his satisfaction to abide the decision of the Court on the hearing of the appeal.
Expediting appeals.
94. Notwithstanding anything contained in these Regulations, the Court or a Judge may expedite the hearing of any appeal of which notice has been filed in the Court, whether the appeal has been duly instituted or not.
Dismissal for want of prosecution on applicant’s application.
95. An order dismissing an appeal with costs for want of prosecution may be drawn up and signed by the Registrar on the application of the appellant without other warrant than this regulation, but if notice of cross appeal or notice of intention to move to vary the decision appealed from has been given, the order shall not be drawn up without the consent of the party giving that notice.
Division 5.—Costs.
Orders as to costs.
96. Where the Court or a Judge orders any costs of any proceedings to be paid to a party, the Court or the Judge may either fix the amount of the costs to be paid or direct the costs to be taxed and give directions as to the basis of the taxation.
Taxation of costs.
97.—(1.) In all cases in which the Court or a Judge orders any party to pay any other party the costs of any matter and does not wholly fix the amount of those costs, either party may forthwith obtain an appointment before the Registrar for the taxation of the bill of costs as between party and party, and the bill may be taxed by the Registrar without any special order for that purpose.
(2.) The party so obtaining the appointment shall give to each party entitled to be heard on the taxation, or his solicitor, notice of the appointment as directed by the Registrar and shall, at the same time, serve a copy of the bill to be taxed on that party or solicitor.
Amounts allowable.
98. Where the costs are to be taxed, there may be allowed, in addition to any other amount properly allowable—
(a) the amount of Court fees paid by the party in whose favour the order has been made;
(b) witnesses’ expenses in accordance with the provisions of the Second Schedule to these Regulations; and
(c) a sum in respect of any item specified in the Second Schedule to these Regulations ascertained in accordance with that Schedule.
Division 6.—Execution and Attachment.
Issue of writ of execution.
99. In any case where an order for the payment of money is made by the Court, the party in whose favour the order has been made may cause to be issued a writ of execution in accordance with Form 24.
Affidavit of amount due.
100. Before the issue of a writ of execution, the creditor shall file with the Registrar an account or statement, verified by affidavit, of what is justly due under the order.
Filing of writ of execution.
101. A writ of execution shall not be issued until the order of the Court for or in respect of the enforcement of which execution is sought has been signed and a copy of the writ filed.
Renewal of writ of execution.
102.—(1.) A writ of execution, if unexecuted, shall remain in force for one year only from its issue, unless renewed in accordance with this regulation.
(2.) Any such writ may, at any time before its expiration, by leave of a Judge, be renewed by the party issuing it for one year from the date of the renewal, and so on from time to time during the continuance of the renewed writ, either by being marked with the Seal of the Court, bearing the date of the renewal, or by that party giving a written notice of the renewal to the person to whom the writ is directed, signed by the party or his solicitor, and bearing the Seal of the Court.
(3.) A writ of execution so renewed shall have effect, and be entitled to priority, according to the time of the original delivery thereof.
Endorsement of writ of execution.
103. Every writ of execution shall be endorsed with the name and the address or registered office of the party actually suing out the same, or the name and address of the solicitor of that party, and, when a solicitor sues out the writ as agent for any other solicitor, with the name and address of that other solicitor.
To whom writ of execution directed.
104. Every writ of execution shall be directed to the Marshall of the High Court or to a person whose name is specified in the writ, and shall state the amount to be levied.
Writ of sequestration.
105.—(1.) A writ of sequestration may be issued on a special order of a Judge to be obtained on motion upon an affidavit of the circumstances of the case.
(2.) It shall not be necessary to serve the person against whom such a writ is sought to be issued with notice of the motion unless a Judge so directs.
Writ of attachment.
106. Where—
(a) a person has failed to pay money payable by him under a judgment or order of the Court;
(b) the person affected by the non-payment of the money applies to the Court or a Judge for the issue of a writ of attachment; and
(c) the applicant satisfies the Court or the Judge to whom the application is made that the first-mentioned person has means to pay the money and is evading or attempting to evade payment of the money,
the Court or a Judge may order that a writ of attachment shall issue.
Issue of writ of attachment.
107.—(1.) All writs of attachment ordered by the Court or a Judge to be issued shall be issued forthwith by the Registrar.
(2.) Every such writ shall be in accordance with Form 25 and shall be directed to the Marshall of the High Court or to a person whose name is specified in the writ.
(3.) The person specified in the writ shall bring before the Court any person arrested upon a writ of attachment on the first day on which the Court sits next after the arrest or as soon afterwards as practicable, and the person shall thereupon be dealt with in such manner as the Court thinks fit.
(4.) Nothing in this regulation shall prevent the person specified in the writ from taking bail for the appearance of the person arrested.
PART IV.—PROCEDURE OF THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION
Seal and Stamp of the Court.
108.—(1.) At each Registry, there shall be a seal bearing the Royal Arms with the words “The Seal of the Commonwealth Court of Conciliation and Arbitration” and the name of the Registry, and any of those seals may be used as the Seal of the Court.
(2.) At each Registry, there shall be a stamp bearing the words “The Stamp of the Commonwealth Court of Conciliation and Arbitration” and the name of the Registry.
(3.) The Seal and the Stamp at each Registry shall be in the custody of the Registrar in charge of that Registry.
(4.) The Seal shall be affixed by the Registrar to judgments and orders of the Commonwealth Court of Conciliation and Arbitration and to such other documents as that Court or a Judge directs, and the Stamp shall be affixed by the Registrar to all documents issued by him in relation to proceedings before that Court.
General application of Part III. of these Regulations.
109.—(1.) Subject to this Part, the provisions of Part III. of these Regulations in relation to proceedings before the Commonwealth Industrial Court apply, so far as they are applicable, to and in relation to proceedings before the Commonwealth Court of Conciliation and Arbitration.
(2.) In the application of those provisions, a reference to the Court shall be deemed to be a reference to the Commonwealth Court of Conciliation and Arbitration and a reference to the Chief Judge or a Judge shall be deemed to be a reference to a Judge of that Court.
Definition.
110. In regulations 111, 112, 113 and 114 of these Regulations, “the Court” means the Commonwealth Court of Conciliation and Arbitration constituted by a single Judge.
Application for special leave to appeal under Re-establishment and Employment Act.
111.—(1.) An application under section 29 of the Re-establishment and Employment Act 1945-1955 for special leave to appeal shall be made in court upon a day to be fixed by it.
(2.) Before applying to the Court, the applicant shall file in the Registry of the Court in the State or Territory of the Commonwealth in which the order in question was made an affidavit in accordance with Form 26 setting forth the relevant facts and the grounds relied upon in support of the application.
(3.) A copy of that order and of the depositions, written transscript or official notes of evidence, if any, in the proceedings from the decision from which it is desired to appeal shall be annexed as an exhibit to the affidavit.
(4.) When any such affidavit is filed in a District Registry, the Deputy Registrar shall forthwith advise the Industrial Registrar of the filing of the affidavit and the nature of the proceedings.
(5.) Where the evidence given in the proceedings from which the appeal is brought is material for the purposes of the appeal and no depositions, written transcript or official notes of that evidence are available, the affidavit shall set forth an account of the evidence, and that affidavit may be answered on affidavit by any respondent.
(6.) Any such answering affidavit shall be filed with the Registrar within ten days after service of the notice of appeal, or of notice of the appeal, on the respondent filing the affidavit or within ten days after service on him of notice of the setting down of the appeal, whichever is the later.
Hearing of application.
112.—(1.) Upon the filing of the affidavit, the Court shall fix a date for the hearing of the application.
(2.) The Court may decide to hear the application either ex parte or upon notice to the respondent, and the applicant shall be advised accordingly.
(3.) If the application is to be heard upon notice, a copy of the affidavit and exhibits referred to in the last preceding regulation shall, not less than two clear days or such longer period as the Court directs before the date fixed for the hearing, be served by the applicant upon the respondent, together with notice in accordance with Form 27 of the date upon which the application will be heard.
Hearing of the appeal.
113.—(1.) When the Court grants special leave to appeal, it may—
(a) if the case is one in which notice of the application for leave was given to the respondent—proceed to hear the appeal forthwith; or
(b) in any other case—fix a date for hearing the appeal and give such directions as it considers necessary.
(2.) Where the Court fixes a date for hearing the appeal, the applicant shall give notice to the respondent in accordance with Form 28.
Powers of Court.
114.—(1.) The Court may have regard to the evidence given before the authority who made the order and has full discretionary power to receive further evidence upon questions of fact, which evidence may be taken either by oral examination in Court, by affidavit, or by deposition taken before an examiner or commissioner.
(2.) The Court, upon the hearing of an appeal, shall have power to draw inferences of fact, and to give any judgment and make any order which ought to have been given or made in the first instance, and to make such further or other order as the case requires.
(3.) The powers specified by the last preceding sub-regulation may be exercised by the Court notwithstanding that the appellant asks that part only of the decision may be reversed or varied, and may be exercised in favour of all or any of the respondents or parties, including respondents or parties who have not appealed from or complained of the decision.
PART V.—ORGANIZATIONS.
Conditions of registration.
115.—(1.) The following conditions are prescribed conditions to be complied with by an association applying for registration, namely:—
(a) the association shall be a voluntary and bona fide association of a kind referred to in section 132 of the Act;
(b) the association shall be an association for furthering or protecting the interests of its members;
(c) the association shall not be wholly or partially formed, organized, supported, maintained or conducted, directly or indirectly, for the purpose, or with the view, of exposing, injuring or prejudicing the interests of employers or employees, as the case may be, whose interests it purports to represent, further or protect;
(d) the affairs of the association shall be regulated by rules specifying the industry in or in connexion with which the association is formed, the purposes for which it is formed and the conditions of eligibility for membership thereof and providing, in relation to the association, for—
(i) the election of—
(A) a committee of management of the association and of each branch of the association;
(B) officers of the association and of each branch of the association; and
(C) any conference, council, panel or other body (additional to the committee of management), which is empowered to determine policy or to exercise functions of management in the association or branch;
(ii) the powers and duties of the committees and of officers;
(iii) the manner of summoning meetings of members and of the committees;
(iv) the removal of members of the committees and of officers;
(v) the control of committees of the association and its branches by the members of the association and the members of the branches, respectively;
(vi) the mode in which industrial agreements and other documents may be executed by or on behalf of the association;
(vii) the power of submitting industrial disputes to conciliation or arbitration under the Act;
(viii) the times when, and the terms on which, persons shall become or cease to be members;
(ix) the mode in which the property of the association is to be controlled and its funds invested;
(x) the yearly or other more frequent audit of the accounts;
(xi) the conditions under which funds may be disbursed;
(xii) the keeping of a register of the members arranged, where there are branches of the association and the register is kept at the office of the association, according to branches;
(xiii) the office of the association and of each of its branches; and
(xiv) the alteration of its rules;
(e) the rules of the association may provide that a person shall not be eligible to be a candidate for any office in the association or a branch if there is reasonable ground for believing that—
(i) within twelve months prior to the date of his nomination, he was a member of any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or
(ii) he himself advocates or encourages, or has, within twelve months prior to the date of his nomination, advocated or encouraged the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government;
(f) the rules of the association may provide that a person shall not be eligible to hold or continue to hold office in the association or a branch if there is reasonable ground for believing that—
(i) he is a member of any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or
(ii) he himself advocates or encourages, or has, within twelve months prior to the date of his election, advocated or encouraged the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government;
(g) the rules of the association may also provide for any other matter not contrary to law;
(h) the association shall not have the same name as that of an organization already registered or a name which is so similar to the name of an organization already registered as is likely to cause confusion; and
(i) none of the rules of the association shall be a rule which—
(i) is contrary to law, or to an order or award;
(ii) is tyrannical or oppressive;
(iii) prevents or hinders members of the association from observing the law or the provisions of an order or award; or
(iv) imposes unreasonable conditions upon the membership of any member or upon any applicant for membership.
(2.) The conditions specified in the last preceding sub-regulation apply in relation to organizations in like manner as they apply in relation to an association applying for registration as an organization.
(3.) Notwithstanding anything contained in this regulation, the conditions to be complied with by an association which has, before the date of commencement of these Regulations, applied for registration are, subject to the Act, the conditions prescribed by regulation 106 of the Regulations repealed by regulation 2 of these Regulations.
Application for registration.
116.—(1.) An application for registration shall be in accordance with Form 29 or 30, whichever is applicable to the case, shall be declared by two or more officers of the association before the Registrar, a Justice of the Peace or a Commissioner for Affidavits, shall be filed in duplicate with the Industrial Registrar or the Deputy Industrial Registrar in the State where the office of the association is situated and shall be accompanied by—
(a) two copies of a list of the members of the association, showing the name and postal address of each member;
(b) two copies of a list of the officers of the association, showing the postal addresses and occupations of the officers;
(c) two copies of a list of the branches of the association, showing the name under which each branch is carried on, the situation of its office, and the names, postal addresses and occupations of its officers;
(d) two copies of the rules of the association and of every branch thereof; and
(e) two copies of a resolution in favour of registration of the association as an organization passed in accordance with the rules 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.
(2.) Each document accompanying the application for registration shall be marked with the date of the declaring of the application and the signatures of the persons signing it, and of the Registrar, Justice of the Peace or Commissioner for Affidavits before whom it is declared.
(3.) The duplicate of every application lodged with a Deputy Industrial Registrar shall forthwith be forwarded by him to the Industrial Registrar.
Order in which applications dealt with.
117. Applications for registration shall be dealt with, as far as practicable, in the order in which they are received.
Advertisement of application.
118.—(1.) The Registrar shall cause a notice of the receipt of an application for registration to be advertised in the Gazette.
(2.) Where an association which has applied for registration is granted leave to alter its rules under section 134 of the Act, the Registrar shall, after the alterations have been lodged with him, cause notice of the alterations to be advertised in the Gazette.
Objection to registration.
119.—(1.) An organization or person may, within thirty-five days after the advertisement of a notice referred to in the last preceding regulation, lodge with the Registrar a notice of objection, in accordance with Form 31, to the registration of the association.
(2.) The grounds of objection shall be set out in the notice and shall be confined to one or more of the following grounds:—
(a) that the association is not an association capable of registration under the Act;
(b) that a prescribed condition for registration has not been complied with by the association; or
(c) that an organization to which the members of the association might conveniently belong has already been registered.
(3.) Particulars of each ground of objection shall be given.
(4.) The objector shall be restricted to the grounds specified in the notice of objection unless the Registrar, on application in that behalf and for reasons shown by the objector, otherwise permits.
(5.) If the objector is an organization, the objection shall be under the seal of the organization or under the hands of two officers authorized to sign the notice of objection.
Evidence in support of objection.
120. The objector shall lodge with the notice of objection a statutory declaration is so lodged wit hthe Registrar, shall serve copies thereof 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.
Evidence in reply.
121. Within fourteen days after service of the notice of objection the applicants may lodge with the Registrar a statutory declaration in answer to the objection, and, within seven days after the statutory declaration is so lodged with the Registrar, shall serve copies thereof on the objector.
Notification of hearing.
122. The Registrar by whom the matter is to be heard shall fix a day for hearing the application and the objection, and shall give notice thereof to the objector and to the applicants.
Hearing.
123.—(1.) The application and the objection shall be heard by the Industrial Registrar or, in such cases as he directs, by a Deputy Industrial Registrar.
(2.) On the hearing, the Registrar shall hear the parties if they are present and desire to be heard, and, subject to the Act and these Regulations, shall decide the matter.
(3.) The Registrar may, in his discretion, permit any party to call oral evidence.
Right of applicants to be heard.
124. The Registrar shall not refuse to grant an application for registration until he has given the applicants an opportunity of being heard in support of it.
Certificate of registration.
125. The certificate of registration of an association as an organization shall be in accordance with Form 32.
Advice of registration.
126. Each Deputy Industrial Registrar shall, forthwith after the registration by him of an association as an organization, forward to the Industrial Registrar, at the Principal Registry—
(a) an advice, in accordance with Form 33, of the registration of the organization;
(b) one copy of the list of members of the organization;
(c) a list of the officers of the organization, showing the postal addresses and occupations of the officers;
(d) a list of the branches of the organization, showing the name under which each branch is carried on, the situation of the registered office thereof, and the names, postal addresses and occupations of the officers of each branch;
(e) one copy of the rules of the organization and of its branches; and
(f) one copy of the resolution in favour of registration of the association as an organization,
and the Industrial Registrar shall thereupon enter in the Register of Organizations kept by him particulars of the registration of the organization.
Applications for consent of Registrar.
127.—(1.) An application for the consent of the Registrar under sub-section (1.) of section 139 of the Act shall be in accordance with Form 34, 35 or 36, as the case requires.
(2.) Such an application shall be under the seal of the organization or under the hands of two officers of the organization authorized to sign the application, and shall be accompanied by a statutory declaration setting forth the facts on which the applicant relies.
(3.) The Registrar shall cause a notice of the receipt of the application to be advertised in the Gazette.
(4.) The duplicate of every application and of the statutory declaration in support thereof, lodged with a Deputy Industrial Registrar, shall forthwith be forwarded by him to the Industrial Registrar.
(5.) Any organization or person interested may, within thirty-five days after the advertisement of the notice of the receipt of the application, lodge with the Registrar a notice of objection in accordance with Form 37, 38 or 39 as the case requires, to the application.
(6.) The grounds of objection may include one or more of the following grounds, namely, the grounds specified in regulation 119 of these Regulations or the ground that the alteration has not been made in accordance with the rules of the organization.
(7.) The notice of objection shall set out particulars of the grounds of objection, and the objector shall be restricted to the grounds specified in the notice of objection unless the Registrar, on application in that behalf and for reasons shown by the objector, otherwise permits.
(8.) If the objector is an organization, the notice of objection shall be under the seal of the organization or under the hands of two officers authorized to sign the notice of objection.
(9.) The objector shall lodge with the notice of objection a statutory declaration or declarations in support thereof, and, within seven days after the notice of objection is lodged with the Registrar, shall serve a copy of the notice of objection and of the statutory declaration or declarations on the applicant.
(10.) The Registrar by whom the matter is to be heard shall fix a day for the hearing of the application and shall give notice thereof to the applicant and the objector.
(11.) The Industrial Registrar or, in such cases as he directs, a Deputy Industrial Registrar, shall hear the parties and, subject to the Act and these Regulations, shall decide the matter.
Filing of rules and alterations thereof.
128.—(1.) Within thirty-five days after an alteration has been made in the rules of an organization or branch, or within such extended time as is allowed by the Registrar, the organization or branch shall forward to the Registrar two copies of the alteration.
(2.) The copies shall be accompanied by a statutory declaration, made by a person appearing to the Registrar to have the necessary knowledge of the facts, stating that the copies are true copies of the alteration, and that the alteration was made in accordance with the rules of the organization or of the branch, as the case may be, and the manner in which compliance with the relevant rules was attained.
(3.) The Registrar may refuse to certify such an alteration unless the provisions of this regulation are complied with.
Registered office.
129.—(1.) Every organization and every branch thereof shall have a registered office.
(2.) Subject to this regulation, the office notified in or in connexion with the application for registration shall be deemed to be the registered office of the organization or branch.
(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 thirty-five 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 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.
List of branches to be kept and filed by organization.
130. For the purposes of paragraph (d) of sub-section (1.) of section 152 of the Act, the prescribed other records are—
(a) a list showing the name under which, each branch is carried on; and
(b) a list showing the situation of the registered office of each branch.
Changes in officers to be notified.
131. Within thirty-five days after a change has taken place in the identity of the holder of an office in an organization or branch of an organization, being an office specified in paragraph (a), (aa) or (b) of the definition of “Office” in section 4 of the Act, the organization shall forward to the Registrar a statement of the change, including the name, postal address and occupation of the new holder of the office, together with a statutory declaration by an officer of the organization verifying the statement.
Penalty: Ten pounds for each week of default.
Accounts to be filed.
132. The account of the receipts, payments, funds and effects of an organization or branch of an organization required by sub-section (4.) of section 152 of the Act to be filed with the Registrar shall be so filed within three months after the final audit in each year of the accounts of the organization or branch.
Time for filing lists.
133. The copy of the records (other than the account referred to in the last preceding regulation) required by sub-section (4.) of section 152 of the Act to be filed with the Registrar shall be so filed before the thirty-first day of March in each year.
Statutory declaration required by section 152.
134. A statutory declaration for the purposes of sub-section (4.) of section 152 of the Act may be made by the secretary of the organization or by an officer of the organization authorized by the rules of the organization or by the organization to file the copy of the records to which the declaration relates.
Filing of documents.
135. All documents lodged or filed with or furnished to the Registrar under Part VIII. or IX. of the Act (except section 152) or this Part shall be in duplicate.
Copies of returns.
136. Each Deputy Industrial Registrar shall forward to the Industrial Registrar at the Principal Registry all documents filed under section 152 of the Act and one copy of all returns, alterations of rules and notices of change in the registered office of an organization or branch received by him.
Appeal to Registrar.
137.—(1.) Where, in pursuance of any rule of an organization containing any of the provisions specified in paragraph (e) or (f) of sub-regulation (1.) of regulation 115 of these Regulations, a person is declared to be ineligible for an office in the organization or a branch or to hold or continue to hold office in the organization or a branch, that person may appeal to the Registrar against that decision.
(2.) If any appeal made in pursuance of the last preceding sub-regulation is allowed, the Registrar may extend, for such time as he thinks fit, the time prescribed by the rules of the organization for the holding of the election for which the appellant had nominated, and may make an order declaring that any person returned as elected has not been duly elected.
(3.) Upon the making of any such declaration, the person named in the order shall be deemed not to have been duly elected.
Financial assistance in proceedings under section 140 or 141.
138.—(1.) A member of an organization who proposes to take proceedings under section 140 or 141 of the Act may apply to the Registrar for the grant of financial assistance under this regulation.
(2.) If it appears to the Registrar that there are reasonable grounds for taking the proceedings and that the proceedings are proposed to be taken in good faith, the Registrar may direct that financial assistance shall be given by the Commonwealth to the member in respect of the cost of those proceedings and such amount or amounts as the Registrar from time to time determines shall be paid to or on behalf of the member accordingly.
(3.) Nothing in this regulation authorizes a payment in respect of fees to more than one counsel appearing for the applicant.
Requests for conduct of elections under section 170.
139.—(1.) For the purposes of section 170 of the Act, the number of members of an organization or branch by whom a request under sub-section (1.) of that section for the conduct of an election for an office specified in the request under that section may be made is—
(a) in the case of a request by an organization—one thousand, or one-tenth of the total number of the members of the organization, whichever is the less; and
(b) in the case of a request by a branch—five hundred, or one-fifth of the total number of the members of the branch, whichever is the less.
(2.) Subject to this regulation, a request by an organization or branch of an organization under sub-section (1.) of section 170 of the Act for the conduct of an election under that section shall be made not less than one month, nor more than three months, before the last day on which persons may become candidates at the election.
(3.) The Industrial Registrar may, in his discretion, accept a request made less than one month before the date specified in the last preceding sub-regulation if he is satisfied that it is practicable for the election to be conducted under section 170 of the Act in pursuance of the request, and a request so accepted shall be deemed to have been made in due time.
(4.) Where the election in connexion with which a request is made under section 170 of the Act is an election to be conducted in a section or other division (howsoever called) within the organization, or branch of an organization, as the case may be, by which the request is made, the request shall be accompanied by a copy of the rules or provisions relating to the conduct of the election.
Where election officially conducted no unauthorized action to be taken.
140.—(1.) Where the Industrial Registrar has, in pursuance of sub-section (5.) of section 170 of the Act, informed an organization or branch of an organization that he has decided that a request in relation to an election has been duly made under that section, a person other than the person conducting the election in pursuance of that section shall not, except with the authority or at the direction of the person so conducting the election, do or purport to do any act in the conduct of the election.
Penalty: One hundred pounds.
(2.) The last preceding sub-regulation does not apply where the decision of the Industrial Registrar has been reversed on appeal to the Court.
General powers of Registrar.
141.—(1.) For the purpose of giving effect to the Act, the Registrar shall, in relation to any application or proceeding with which he is authorized to deal, have power—
(a) to call witnesses before him and take evidence on oath;
(b) to adjourn any matter or hearing;
(c) to amend or give leave to amend any application, notice or other document;
(d) to extend the time fixed by these Regulations for the lodging of any document or the doing of any act (whether that time has expired or not); and
(e) to order any party to pay to any other party such reasonable sum for costs as he thinks just.
(2.) Where any such power is exercised on the application of a party, it may be exercised on such terms, as to payment of fees and costs and otherwise, as the Registrar thinks just.
Recovery of costs.
142. An order by the Registrar for the payment of costs may be filed in the Court and shall thereupon have effect in all respects and be enforceable as if it were an order of the Court.
Service by post.
143. Service of a document under this Part may be effected by post and service shall be deemed to be effected by properly addressing, pre-paying and posting the document as a registered letter, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
Lodging of documents with the Registrar.
144. Where Part VIII. or IX. of the Act or this Part requires any document to be lodged or filed with the Registrar, the document may be lodged or filed by leaving it with the Registrar, or by sending it in a prepaid registered letter properly addressed to him.
Inspection of documents.
145.—(1.) Subject to the next succeeding sub-regulation, all documents received by the Registrar under Part VIII. or IX. of the Act (other than documents filed under sub-section (2.) or (3.) of section 152 of the Act) or this Part may be inspected at the office of the Registrar, during office hours, on payment of the prescribed fee, and a person may, upon application and payment of the prescribed fee, obtain an office copy or a certified copy of any such document.
(2.) The right to inspect, or obtain a copy of, a document received by the Industrial Registrar under section 170 of the Act may be exercised only by persons approved by the Industrial Registrar.
Offences.
146.—(1.) A person shall not wilfully make any false statement in any document lodged or filed with the Registrar under this Part.
Penalty: One hundred pounds or imprisonment for six months.
(2.) Nothing in this Part relieves any person from any punishment to which he is otherwise liable under any law of the Commonwealth or of a State or Territory of the Commonwealth.
PART VI.—INSPECTORS.
Definition.
147. In this Part, “Inspector” means a person who held office as an Inspector under section 64 of the Conciliation and Arbitration Act 1904-1951 at the commencement of the Conciliation and Arbitration Act 1952 and has been re-appointed as an Inspector after the twentieth day of April, 1954, or is re-appointed as an Inspector in accordance with this Part.
Appointment of Inspectors.
148.—(1.) A re-appointment of an Inspector, by virtue of the provisions of section 64 of the Conciliation and Arbitration Act 1904-1951 as applicable by virtue of sub-section (2.) of section 20 of the Conciliation and Arbitration Act 1952, shall be made by the Minister of State for Labour and National Service.
(2.) The re-appointment shall be for a term not exceeding three years, but may be terminated by the Minister of State for Labour and National Service on the ground of inefficiency, incompetence, misbehaviour or incapacity.
Terms and conditions of appointment.
149.—(1.) An Inspector shall be paid such salary as is determined by the Public Service Board as being applicable to the work to be perforated by the Inspector, not being less than the salary which would be applicable if he were an officer of the Public Service of the Commonwealth employed on similar work.
(2.) Subject to these Regulations, an Inspector is subject to the same conditions with respect to attendance, duties, conduct, hours of duty, overtime, Sunday duty and offences as would be applicable under Divisions I. and III. of Part II. of the Public Service Regulations, and Division 6 of Part III. of the Public Service Act 1922-1955, if he were an officer in the Third Division of the Public Service of the Commonwealth employed in the Department of Labour and National Service.
Recreation leave.
150. The Secretary to the Department of Labour and National Service or a person authorized by him may grant to an Inspector in or for each year leave of absence for recreation for any period or periods not exceeding eighteen days (based on a working week of six days), exclusive of Sundays and holidays.
Sick leave.
151. The Secretary to the Department of Labour and National Service or a person authorized by him may grant to an Inspector, on production of such medical evidence (if any) as the person granting the leave requires, leave of absence on the same basis as sick leave is granted, at the date of commencement of these Regulations, to employees employed under section, 82 of the Public Service Act 1922-1955.
Travelling allowances.
152. There shall be payable to an Inspector the same travelling allowances as would be payable to him if he were an officer of the Public Service of the Commonwealth receiving salary at the same rate as is received by the Inspector.
Motor car allowances.
153. An Inspector who is required to use his own motor car or cycle for the purpose of carrying out his duties under the Act shall be paid the same allowances in respect thereof as would be payable to him if he were an officer of the Public Service of the Commonwealth.
PART VII.—MISCELLANEOUS.
Interpretation.
154. In this Part, a reference to the Court shall be read as including a reference to the Commonwealth Court of Conciliation and Arbitration and a reference to a Judge shall be read as including a reference to a Judge of that Court.
Power to waive procedural requirements, and effect of non-compliance.
155.—(1.) Subject to the Act, the Commission or the Registrar may, in relation to any proceeding before it or him, and the Court or a Judge may, in relation to any proceeding before the Court, in special circumstances, and either absolutely or subject to conditions, exempt any person from compliance with any procedural requirement of these Regulations.
(2.) Subject to the Act, non-compliance with any of these Regulations shall not render void any proceedings before the Court, a Judge, the Commission or the Registrar, but the proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Court, a Judge, the Commission or the Registrar, as the case may be, thinks fit.
Signing of documents, &c, on behalf of persons, organizations, &c.
156. Except where otherwise provided by these Regulations or directed by a Judge, a member of the Commission or the Registrar, if any document is required by the Act or these Regulations to be taken out, made or signed, or any step is required to be taken, by any person, organization, branch or company, that document may be taken out, made or signed, or that step taken, on behalf of that person, organization, branch or company—
(a) in the case of a person—by that person or by any other person authorized by him in writing;
(b) in the case of an organization or branch—by a person thereunto duly authorized by, or in accordance with the rules of, the organization or branch; and
(c) in the case of a company not being an organization—by an officer or person duly authorized under the seal of the company to represent it under the Act, or in the proceedings.
Indorsement of documents.
157. Every document which is filed in connexion with any matter before the Court, the Commission or the Registrar shall be indorsed with the name and address of the party filing it, and that address shall be deemed to be filed by that party as the address for service of that party.
Service upon persons.
158. Service of a document upon a person other than a body corporate shall be effected by—
(a) leaving it with that person;
(b) tendering it to that person;
(c) leaving it with any person apparently above the age of fourteen years at the residence or usual place of business of the person intended to be served or, where that person has filed an address for service, at that address; or
(d) where that person has filed an address for service, by posting it in a prepaid registered letter addressed to that person at that address.
Service upon corporations.
159.—(1.) Service of a document upon a body corporate (not being an organization) shall be effected by—
(a) leaving it with the secretary of the body corporate;
(b) tendering it to the secretary of the body corporate;
(c) leaving it with any person apparently above the age of fourteen years at the registered office of the body corporate or, where the body corporate has filed an address for service, at that address; or
(d) posting it in a prepaid registered letter to the secretary of the body corporate at the registered office of the body corporate or, where the body corporate has filed an address for service, at that address.
(2.) For the purposes of the last preceding sub-regulation—
“secretary”, in the case of a body corporate which is a body corporate established by a law of the Commonwealth or of a State or Territory of the Commonwealth, means the secretary, clerk or other proper officer of the body corporate;
“registered office”, in relation to such a body corporate, means the principal office of the body corporate.
Service upon organizations.
160. Service of a document upon an organization or branch of an organization shall be effected by—
(a) leaving it with the secretary of the organization or branch;
(b) tendering it to the secretary of the organization or branch;
(c) leaving it with a person apparently above the age of fourteen years at the registered office of the organization or branch or, where the organization or branch has filed an address for service, at that address; or
(d) posting it in a prepaid registered letter to the secretary of the organization or branch at the registered office of the organization or branch or, where the organization or branch has filed an address for service, at that address.
Office hours.
161.—(1.) The Principal Registry and each District Registry shall be open on ordinary working days from 9.30 o’clock in the morning to 4.30 o’clock in the afternoon.
(2.) When the time for doing any act or taking any proceeding in or at a Registry expires on a day on which the Registry is not open and by reason thereof the act or proceeding cannot be done or taken on that day, the act or proceeding shall, so far as regards the time of doing or taking it, be held to be duly done or taken if done or taken on the next day on which the Registry is open.
Inspection of industrial agreements.
162. The duplicate of an industrial agreement filed in the office of the Industrial Registrar or in the office of an organization shall be open to inspection, without payment of any fee, at any time at which that office is open for business.
Applications under section 47 (3.).
163.—(1.) An application to the Registrar under sub-section (3.) of section 47 of the Act shall be in accordance with Form 40 and shall be verified by affidavit.
(2.) The application and the affidavit shall be lodged in duplicate with the Registrar.
Fees.
164.—(1.) The fees to be demanded and paid in respect of matters under the Act or these Regulations shall be those set out in the Third Schedule to these Regulations.
(2.) The fees payable under these Regulations shall be paid in advance, and the Registrar may refuse to receive or issue any document, to do any act or permit any inspection in respect of which a fee is payable until the fee is paid.
Use of previous evidence.
165.—(1.) Any evidence, whether given orally, by affidavit or declaration or otherwise, taken or used, whether before or after the commencement of this regulation, upon proceedings in the Court or before the Commission or the Registrar, may, in the discretion of the Registrar and subject to such terms and conditions as he determines, be used in any subsequent proceedings before the Registrar.
(2.) When evidence has been given orally, this regulation does not authorize its use before the Registrar in subsequent proceedings unless a written record of the evidence is available for the use of the Registrar, and he is satisfied that that record is a true record of the evidence.
Fees to Chairman of Board of Reference.
166.—(1.) Except as provided in this regulation, the Chairman or Deputy Chairman of a Board of Reference appointed under an award or order shall be paid a fee of Three pounds three shillings for each sitting of the Board with a maximum of Six pounds six shillings for any one day, and shall be paid travelling expenses at the rate of Two pounds fifteen shillings per day and fares actually and properly paid by him.
(2.) Where the Chairman or Deputy Chairman of a Board of Reference is a person employed in accordance with the Public Service Act 1922-1955, or employed by an authority of the Commonwealth, he shall, if his appointment has been approved by the Minister administering the Department in which he is employed, or by the authority by which he is employed, as the case may be, be entitled to receive a fee of Three pounds three shillings for every day on which he acts as Chairman or Deputy Chairman, together with travelling allowance at the rate applicable to him as such an employee.
(3.) Where the Chairman or Deputy Chairman of a Board of Reference is a person, or member of a class of persons, to whom the Governor-General, in pursuance of section 8A of the Public Service Act 1922-1955, has declared the provisions of that Act shall not apply, he shall be paid such fees and be entitled to travelling expenses at such rates as the Public Service Board determines.
(4.) Nothing in this regulation authorizes the payment of an amount to a Commissioner or a Conciliator.
Fees of Chairman and travelling allowances of members of Local Industrial Boards.
167.—(1.) Where a matter has been referred to a Local Industrial Board for investigation and report, there shall, subject to the next succeeding sub-regulation, be payable—
(a) to the Chairman of the Board, not being a Commissioner, a Conciliator or an officer of a Registry of the Court who is a person employed in accordance with the Public Service Act 1922-1955—a fee of Three pounds three shillings for each sitting of the Board with a maximum of Six pounds six shillings for any one day; and
(b) to each member of the Board, including the Chairman (not being a Commissioner, a Conciliator or an officer of a Registry of the Court who is a person employed in accordance with the Public Service Act 1922-1955), while engaged away from his home on the business of the Board—a travelling allowance at the rate of Two pounds fifteen shillings per day and fares actually and properly paid by him.
(2.) Where a matter referred to a Local Industrial Board necessitates continuous investigation over an extended period, there may be paid, in such cases as the Minister determines—
(a) to the Chairman of the Board—in lieu of the prescribed fee for each sitting of the Board, such remuneration as is considered reasonable by the Minister; and
(b) to each other member of the Board—such fee for each sitting of the Board as is considered reasonable by the Minister.
Expenses to persons summoned to compulsory conferences.
168. Representatives of parties summoned to compulsory conferences under section 29 of the Act shall be paid living expenses (if incurred) at the rate of Two pounds per day, the amount of salary, wages or earnings actually lost during the time occupied in travelling and attending any such conference, and fares actually and properly paid by them.
Industrial Registrar to certify payments.
169. All payments under the last three preceding regulations, including fares, shall be made only on the certificate of the Registrar.
Offences in connexion with secret ballots.
170.—(1.) Subject to sub-regulation (3.) of this regulation, a person voting at any ballot ordered by the Commission under section 45 of the Act shall not show the ballot-paper to any person, or permit any person to see the ballot-paper, while he is marking it or after he has marked it, and a person shall not, directly or indirectly, request, require or induce any other person to show such a ballot-paper to him, or to permit him to see it, while the ballot-paper is being marked or after it has been marked.
Penalty: Ten pounds.
(2.) A ballot-paper used in a secret ballot directed by the Commission shall not be disclosed to a person other than a person authorized by direction of the Commission to deal with or inspect such ballot-papers.
Penalty: Ten pounds.
(3.) Nothing in sub-regulation (1.) of this regulation applies to any act performed by an officer in the course of his duty in relation to a ballot.
Action under repealed Regulations deemed to be action under these Regulations.
171. Subject to Part III. of the Conciliation and Arbitration Act 1956, where, in a proceeding or matter commenced before the commencement of these Regulations, any action has been taken in accordance with the Regulations repealed by regulation 2 of these Regulations, being action of the kind prescribed by these Regulations for the same kind of proceeding or matter, that action shall be deemed to have been taken under these Regulations.
THE SCHEDULES.
FIRST SCHEDULE. Regulation 5.
Regulation 16. FORM 1.
Conciliation and Arbitration Act 1904-19
NOTIFICATION TO A COMMISSIONER OR THE REGISTRAR OF INDUSTRIAL DISPUTE OR SITUATION.
In pursuance of section 28 of the Conciliation and Arbitration Act 1904-19 [state name of organization or employer or Minister giving notification] hereby notifies you of the existence of an industrial dispute [or industrial situation which is likely to give rise to an industrial dispute] between [set out the names and addresses of all parties to the industrial dispute or affected by the industrial situation, as the case may be] with respect to the following matters:—
FIRST SCHEDULE—continued.
[Set out in numbered paragraphs particulars of the matters in dispute. If the matters consist of claims, set out the party by whom, and the party against whom, the claims are made, and the nature of the claims, in numbered paragraphs.]
Dated this day of , 19 .
Notifier.
To the Registrar
or
To
[State name of Commissioner.]
Regulation 18. FORM 2.
Conciliation and Arbitration Act 1904-19
APPLICATION FOR COMPULSORY CONFERENCE.
In pursuance of section 29 (1.) of the Conciliation and Arbitration Act 1904-19 [set out name of party making application] hereby makes application for a compulsory conference for the purpose of preventing or settling an industrial dispute between [set out name of party making application] and [set out the names and addresses of all other parties to the industrial dispute] with respect to the following matters:—
[Set out in numbered paragraphs particulars of the matters in dispute.]
Dated this day of , 19 .
Applicant.
To the Registrar.
Regulations 19 and 25. FORM 3.
Conciliation and Arbitration Act 1904-19 .
THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION.
NOTICE FIXING TIME AND PLACE FOR HEARING OF AN INDUSTRIAL DISPUTE.
Take notice that you are alleged to be a party to an industrial dispute in relation to the following industrial matters or in which the following claims are being made by [set out names of claimants] against [set out names of other parties], namely:—
[Set out matters or claims.]
You are hereby notified that the industrial dispute will be heard by at o’clock in the noon on the day of , 19 , at , being the time and place fixed for hearing the parties to the dispute, and that you may appear and be heard at the time and place so fixed.
If you do not satisfy the Commission within fourteen days after the service on you of this notification or within the time between that service and the conclusion of the hearing of the industrial dispute that you are not a party to the industrial dispute, you will be bound by any award made by it in settlement of the dispute.
Dated this day of , 19 .
Registrar.
To—Each of the persons and organizations abovementioned [or name and address of person to whom notice is to be given].
FIRST SCHEDULE—continued.
Regulation 21. FORM 4.
Conciliation and Arbitration Act 1904-19
THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION.
SUMMONS TO WITNESS.
[Title of Proceedings.]
To [Names of witness].
You are hereby summoned to attend before , at o’clock in the noon on the day of , 19 and so from day to day until the hearing of the above-mentioned matter is completed or until you are excused from further attendance, to give evidence on behalf of [name of party].
* Strike out if inapplicable.
*You are required to bring with you and produce the following books, documents and things:—
[Set out books, &c., required.]
Dated this day of , 19 .
Member of the Commission
[or Registrar].
Regulation 22. FORM 5.
Conciliation and Arbitration Act 1904-19
THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION.
APPLICATION FOR CERTIFICATION OF AGREEMENT.
Application is hereby made by to the Commission to certify the attached memorandum of agreement arrived at in settlement or part settlement of Industrial Dispute No. .
Dated this day of , 19 .
Applicant.
To the Registrar.
Regulation 27. FORM 6.
Conciliation and Arbitration Act 1904-19
APPEAL UNDER SECTION 35.
THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION.
In the matter of an Industrial Dispute between
[names of parties.]
An appeal is hereby made by [name of appellant] against the award [or decision] made by [name of Commissioner] at on the day of , 19 , in the above-mentioned industrial dispute.
The following are the grounds of this appeal:—
[Set out in numbered paragraphs the grounds of appeal including particulars of the grounds upon which it is claimed that the matter is of such importance that, in the public interest, an appeal should lie.]
Dated this day of , 19 .
Appellant.
To the Registrar.
FIRST SCHEDULE—continued.
Regulation 31. FORM 7.
Conciliation and Arbitration Act 1904-19 .
APPLICATION TO THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION FOR THE SETTING ASIDE, OF AN AWARD OR ORDER OR TERM OF AN AWARD OR ORDER.
In the matter of
[Set out the title of award or order which is sought to be set aside.]
And in the matter of an application for the setting aside of the above award or order [or part of the award or order] dated the day of , 19 .
Application is hereby made by for the setting aside of the above-mentioned award or order [or the following terms of the above-mentioned award or order].
[Set out, if necessary, the terms sought to be set aside.]
The grounds on which this application is made are as follows:—
[Set out in numbered paragraphs the grounds on which the application is made.]
Dated this day of , 19 .
Applicant.
To the persons and organizations bound by the above-mentioned award or order:
You are hereby notified that the above-mentioned application will be heard at in the State of at o’clock in the noon, on the day of , 19 , before and that you may appear and be heard at the time and place so fixed.
Dated this day of , 19 .
Registrar.
Regulation 31. FORM 8.
Conciliation and Arbitration Act 1904-19 .
APPLICATION TO THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION FOR THE VARIATION OF AN AWARD OR ORDER OR TERM OF AN AWARD OR ORDER.
In the matter of
[Set out the title of award or order which it is sought to vary.]
And in the matter of an application for the variation of the above award or order dated the day of 19 .
Application is hereby made by for the variation of the above-mentioned award or order in the following respects:—
[Set out in numbered paragraphs the variation sought.]
The grounds upon which this application is made are as follows:—
[Set out in numbered paragraphs the grounds on which the application is made.]
Dated this day of , 19 .
Applicant.
To the persons and organizations bound by the above-mentioned award or order:
You are hereby notified that the above-mentioned application will be heard at in the State of at o’clock in the noon, on the day of , 19 , before and that you may appear and be heard at the time and place so fixed.
Dated this day of , 19 .
Registrar.
FIRST SCHEDULE—continued.
Regulation 33. FORM 9.
Conciliation and Arbitration Act 1904-19
APPLICATION TO COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION FOR COMMON RULE.
In the matter of .
[Set out title of award or order which is desired to be declared a common rule.]
And in the matter of the award or order in the above matter dated the day of , 19 .
Application is hereby made by for a declaration that the terms hereinafter mentioned [or the whole of the terms, as the case requires] determined by the above-mentioned award or order shall be a common rule of the [state industry] in the Territory.
TERMS REFERRED TO. |
Clause No. | Subject. |
| |
Dated this day of , 19 .
Applicant.
To the Registrar.
Regulation 33. FORM 10.
Conciliation and Arbitration Act 1904-19 .
NOTICE OF APPLICATION TO COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION FOR COMMON RULE.
In the matter of .
[Set out title of award or order which is desired to be declared a common rule.]
Notice is hereby given that [name of applicant] has made application for a declaration that the terms hereinafter mentioned [or the whole of the terms, as the case requires] determined by the above-mentioned award or order shall be a common rule of the [state industry] in the Territory.
A copy of the award or order may be inspected at the office of the Registrar, Registry, at free of charge.
The application will be heard at on the day of , 19 , before .
If you desire to be heard on the hearing of the application, notice to that effect should be given to the Commission in accordance with Form 11 in the First Schedule to the Conciliation and Arbitration Regulations.
Persons and organizations not so appearing or represented will be bound by any award or order made by the Commission in the matter which is applicable to them.
TERMS REFERRED TO. |
Clause No. | Subject. |
| |
Dated this day of , 19 .
Registrar.
FIRST SCHEDULE—continued.
Regulation 35. FORM 11.
Conciliation and Arbitration Act 1904-19
NOTICE OF APPEARANCE ON APPLICATION FOR COMMON RULE.
In the matter of
[Set out title of award or order which is sought to be declared a common rule.]
And in the matter of an application to declare the award or order in the above matter dated the day of , 19 , [or part thereof] a common rule of the [state industry].
Take notice that [name] claims to be interested in, and desires to be heard on the hearing of, the application for a common rule in the above matter.
The nature of my interest is as follows:—
[State shortly.]
The matters upon which I desire to be heard are as follows:—
[State shortly.]
I intend to object to the application so far as it relates to the following matters:—
[State shortly.]
The nature of my objections is as follows:—
[State shortly.]
Dated this day of , 19
Signature.
To the Registrar.
Regulation 40. FORM 12.
APPLICATION UNDER SECTION 45B OF THE NAVIGATION ACT 1912-19 FOR AN ORDER DIRECTING APPROVAL OF ENGAGEMENT.
I, of hereby apply to the Commonwealth Conciliation and Arbitration Commission for an Order directing approval of my engagement as a seaman.
I declare that—
1. On , 19 , I was engaged for employment in the vessel
2. On , 19 , the Superintendent, Mercantile Marine, [Port] refused to approve of my engagement, and furnished me with a statement specifying the grounds on which he so refused. The statement is attached hereto.
3. The answers to the questions set out hereunder are true and correct in every particular:—
(a) When were you excluded from the Maritime industry?
(b) For what offences?
(c) Give full details of all employment since the date on which you were excluded, including name and address of employer, capacity in which you were employed, dates of commencement and termination of employment and reasons for termination of employment.
I request that, if practicable, this application be heard at
I attach an affidavit verifying the facts stated in this application.
Dated this day of , 19 .
Applicant.
To the Registrar.
FIRST SCHEDULE—continued.
Regulations 48 and 75. FORM 13.
Conciliation and Arbitration Act 1904-19 .
GENERAL FORM OF APPLICATION.
IN THE COMMONWEALTH INDUSTRIAL COURT.
In the matter of
[Set out title of award or order or name of parties to matter.]
And in the matter of
[Set out nature of application.]
Application is hereby made by for upon the grounds set forth in the affidavit of sworn the day of , 19 , and filed herein.
Dated this day of , 19 .
Applicant.
To :
You are hereby notified that the above-mentioned application will be heard before 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.
Regulation 58. FORM 14.
Conciliation and Arbitration Act 1904-19 .
SUMMONS TO WITNESS.
IN THE COMMONWEALTH INDUSTRIAL COURT.
[Title of Proceedings.]
To [Name of witness.]
You are hereby summoned to attend before the Commonwealth Industrial Court at o’clock in the noon on the day of , 19 , and so from day to day until the hearing of the above-mentioned matter is completed or until you are excused from further attendance, to give evidence on behalf of [name of party].
* Strike out if inapplicable.
*You are required to bring with you and produce the following books, documents and things:—
[Set out books, &c., required.]
Dated this day of , 19
[Judge or Registrar.]
FIRST SCHEDULE—continued.
Regulation 70. FORM 15.
RULE TO SHOW CAUSE.
IN THE COMMONWEALTH INDUSTRIAL COURT.
In the matter of the Conciliation and Arbitration Act 1904-19
Between
Claimant
And
Respondent.
It is hereby ordered that [name of respondent] appear before the Commonwealth Industrial Court at in the State of on the day of , 19 , at o’clock in the noon, to show cause why [state nature of relief required], upon the grounds set forth in the affidavit of sworn the day of , 19 , and filed herein.
Dated this day of , 19 .
By the Court,
Judge.
Regulation 72. FORM 16.
Conciliation and Arbitration Act 1904-19 .
APPLICATION FOR LEAVE TO ALTER RULES.
IN THE COMMONWEALTH INDUSTRIAL COURT.
In the matter of an application by [name of association] for leave to alter rules.
The [name of association] which has applied for registration as an organization, hereby applies to the Commonwealth Industrial Court for leave to alter its rules to enable it to comply with the prescribed conditions [or to remove a ground of objection taken by an objector in accordance with the Regutions or by the Registrar].
Particulars of the proposed alterations of the rules are as follows:—
[Set out text of proposed alterations.]
Dated this day of , 19 .
On behalf of [name of association].
Signature.
To the Registrar.
FIRST SCHEDULE—continued.
Regulation 73. FORM 17.
Conciliation and Arbitration Act 1904-19 .
APPLICATION FOR AN ORDER UNDER SECTION 144.
IN THE COMMONWEALTH INDUSTRIAL COURT.
In the matter of an application for admission of [name of person] as a member of [name of organization].
Application is hereby made by for an order of the Court under section 144 of the Conciliation and Arbitration Act 1904-19 that [name of person] be admitted as a member of [name of organization] on the grounds set out in the affidavit of sworn on the day of , 19 , and filed herein.
Dated this day of , 19 .
Applicant.
To the Registrar.
To [name of person to whom notice is to be given]:
You are hereby notified that the above-mentioned application will be heard before the Commonwealth Industrial Court at in the State of at o’clock in the noon on the day of , 19 , and that you may if you so desire appear and be heard on the hearing of the application at the time and place so fixed.
Dated this day of , 19 .
Registrar.
Regulation 74. FORM 18.
Conciliation and Arbitration Act 1904-19 .
APPLICATION FOR INQUIRY CONCERNING AN ELECTION.
IN THE COMMONWEALTH INDUSTRIAL COURT.
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 Industrial Court 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 this day of , 19 .
Applicant.
To the Industrial Registrar.
FIRST SCHEDULE—continued.
Regulation 76. FORM 19.
SUMMONS TO ANSWER CLAIM FOR PENALTY
IN THE COMMONWEALTH INDUSTRIAL COURT.
In the matter of the Conciliation and Arbitration Act 1904-19
Claimant
and
Respondent.
To the above-named [name of respondent]:
You are hereby summoned to appear before the Commonwealth Industrial Court at in the State of on the day of , 19 , at o’clock in the noon to answer a claim made by the above-named claimant as [state qualification to sue for penalty] that a penalty be imposed upon you under the above-named Act for that you on the day of , 19 , at did commit a breach of [or did fail to observe] [state shortly the award, order or direction alleged to be broken] in that you [state shortly breach alleged].
Dated at the day of , 19 .
Registrar.
Regulation 76. FORM 20.
Conciliation and Arbitration Act 1904-19
INFORMATION FOR AN OFFENCE.
IN THE COMMONWEALTH INDUSTRIAL COURT.
Be it remembered that on the day of , 19 , [name of informant] of [address of informant] in the State of , appears before [name of Registrar] [description of Registrar] and informs the said [name of Registrar] that
Signed by the above-named informant before me—
Registrar.
Regulation 76. FORM 21.
Conciliation and Arbitration Act 1904-19 .
SUMMONS TO ANSWER CHARGE OF AN OFFENCE.
IN THE COMMONWEALTH INDUSTRIAL COURT.
Informant
and
To the above-named [name of defendant]:
You are hereby summoned to appear before the Commonwealth Industrial Court at in the State of on the day of , 19 , to answer a charge of the above-named informant that you, on the day of , 19 , at did .
Dated at the day of , 19 .
Registrar.
1956. No. 60.
Division 2.—Procedure in Particular Matters (Regulations 16-42).
