CONCILIATION AND ARBITRATION ACT 1904 [Note: This Act is "repealed" by Act No. 87 of 1988. For saving provisions see Act No. 62 of 2004] (#DATE 30:09:1986)

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CONCILIATION AND ARBITRATION ACT 1904 [Note: This Act is "repealed" by Act No. 87 of 1988. For saving provisions see Act No. 62 of 2004] (#DATE 30:09:1986) - List of Sections

Section

CONCILIATION AND ARBITRATION ACT 1904 - TABLE OF PROVISIONS

CONCILIATION AND ARBITRATION ACT 1904 - LONG TITLE

PART I
PART I - INTRODUCTORY

1. Short title
2. Objects of Act
4. Interpretation
4A. Industrial matters affecting the oil industry in New South Wales
5. Certain offences in relation to members of organizations, &c.
PART II
PART II - THE AUSTRALIAN CONCILIATION AND
ARBITRATION COMMISSION

6. Constitution of Commission
7. President and Deputy Presidents
8. Salary and allowances of presidential members
9. Acting President or Deputy President
10. Absence of President
10A. Service of presidential member as President or Deputy President of Trade Practices Tribunal
11. Oath or affirmation of office
11A. Protection of members of the Commission
12. Preservation of rights
12A. Application of Judges' Pensions Act
13. Tenure of Commissioners
14. Removal or suspension from office of Commissioners
15. Vacation of office of Commissioners
16. Remuneration and allowances of Commissioners
16A. President to make members of the Commission available to serve on Industrial Appeals Tribunal of Christmas Island
17. Full Bench of Commission
PART III
PART III - POWERS AND FUNCTIONS OF THE COMMISSION

DIVISION 1
Division 1 - Industrial Disputes Generally

18. General powers of Commission
19. Duty of members of Commission
20. Commission to encourage settlement of disputes - procedures
21. Powers may be exercised on Commission's own motion or on application
22. Exercise of powers of Commission
22AA. Joint proceedings
22A. Commissioner to consult with Presidential Member before exercising certain powers
23. Panel of Commission in respect of industries
24. Findings as to disputes, parties and subject
25. Notification of disputes
25A. Limitation on powers of Commission
26. Action to be taken where dispute referred for conciliation
27. Compulsory conference
28. Certified agreements and consent awards
29. Completion of conciliation proceedings
30. Arbitration in respect of disputes
31. Certain matters to be dealt with by Full Bench of Commission
32. Power to include in award provision relating to hindering observance of award
33. Procedures in respect of conduct in breach of bans clause
33A. Stand-down applications
34. Reference of disputes to Full Bench
34A. References of disputes to the President
35. Appeals
36. Intervention
36A. Review on application by Minister
37. Continuation of hearing of matters
38. Commissioners may sit simultaneously
39. Manner of settlement of disputes
40. Procedure of Commission
41. Particular powers of Commission
41A. Powers to override certain laws affecting public service
42. Power of inspection
42A. Organization may authorize inspection
43. Orders to take evidence
44. Reference of disputes to Local Board for report
44A. Joint sessions of Commission
44B. Reference of disputes to Local Industrial Board for determination
44C. Member of Commission may exercise powers under prescribed State laws
45. Secret ballot may be ordered
45A. Conduct of ballot
45B. Commission to have regard to result of ballot
45C. Certain members not required to obey directions of organization
46. Offences in relation to ballots
47. Power to grant preference to members of organizations
48. Power to provide special rates of wages
49. Common rules
49A. Variation of common rules
50. Boards of reference
51. Uniformity in relation to hours, holidays, &c.
52. Schemes of apprenticeship
53. Safety, health and welfare of employees
54. Inspector to investigate matters affecting safety of employees
55. Relief not limited to claim
56. Form of awards
57. Commencement of awards
58. Continuance of awards
59. Setting aside and variation of awards
60. Decisions of Commission to be final
61. On whom awards to be binding
62. Cancellation of an award
63. Representation of parties
64. Certificate of Registrar as to industrial dispute
65. Awards to prevail over State laws, awards, &c.
66. State authorities may be restrained from dealing with disputes
67. Conference with State authorities
68. Divisions of opinion
69. Conference of Commissioners
70. Annual reports
DIVISION 1A
Division 1A - Industrial Matters - Commonwealth and Territory Employees

70A. Interpretation
70B. Powers in respect of industrial disputes and industrial matters
70C. Exercise of powers
70D. Application of Division 1
70E. Employer to act through employing authority
70F. Representation
70G. Transfer of questions to be dealt with under other provisions of this Act
70H. Transfer of matters to be dealt with under this Division
70J. Orders in relation to industrial action
70K. Common rules
DIVISION 2
Division 2 - Industrial Matters - Maritime Industries

71. Interpretation
72. Powers in respect of industrial disputes and industrial matters
73. Exercise of powers
74. Application of Division 1
75. Award inconsistent with certain provisions of Navigation Act
DIVISION 3
Division 3 - Industrial Matters - Snowy Mountains Area

76. Interpretation
77. Powers in respect of industrial disputes and industrial matters
78. Exercise of powers
80. Application of Division 1
DIVISION 4
Division 4 - Industrial Matters - Waterside Workers

81. Interpretation
81A. Application of Division
82. Powers in respect of industrial disputes and industrial matters
84. Exercise of powers
85A. Appointment of Port Conciliators
86. Federal Co-ordinating Committee
87. Port Co-ordinating Committees
87A. Additional functions of Commission in relation to stevedoring industry
88. Application of Division 1
DIVISION 5
Division 5 - Industrial Matters - Commonwealth Projects

88A. Interpretation
88B. Commonwealth projects
88C. Powers of Commission
88CA. Exercise of powers
88D. Application of Division 1
DIVISION 5A
Division 5A - Disputes relating to Boycotts

88DA. Application of Division
88DB. Notification of disputes
88DC. Powers of Commission
88DD. Exercise of powers
88DE. Parties
88DF. Application of Division 1
88DG. Trade Practices Act not affected
88DH. Interpretation
DIVISION 6
Division 6 - References by, and Appeals from, the Registrar

88E. References by Registrar
88F. Appeals from Registrar
88G. Interpretation
PART IIIA
PART IIIA - THE FLIGHT CREW OFFICERS INDUSTRIAL
TRIBUNAL

88H. Interpretation
88J. Establishment of Tribunal
88K. Tenure of office
88L. Remuneration and allowances
88M. Leave of absence
88N. Oath or affirmation to office
88P. Protection of Tribunal
88Q. Suspension, removal and vacation of office of person constituting Tribunal
88R. Appointment of person to constitute Tribunal for particular matter
88S. Member of Commission may hold office under this Part
88T. Powers of the Commission excluded
88U. Powers of Tribunal
88V. Application of other provisions of Act
88W. Initiation of proceedings
88X. Parties
88Y. Representation of persons having a common interest
88Z. Declared bodies
88ZA. Conciliation Committees
88ZB. On whom awards binding
88ZC. Relationship to other laws of the Commonwealth
88ZD. Application of Division in relation to certain disputes extending beyond one State
88ZE. Representation
88ZF. Reference of industrial questions to Full Bench of Commission
88ZG. Appeals
88ZGA.Review on application by Minister
88ZH. Effect of awards of Commission
PART V
PART V - THE AUSTRALIAN INDUSTRIAL COURT

98. Constitution of Court
99. Appointment of Judges
100. Qualifications of Judges
101. Absence, &c., of Chief Judge
102. Salaries and travelling expenses
103. Oath or affirmation of office
103A. Appointment of Judge to other judicial office
103B. Effect of appointment of Judge as President or Deputy President of Trade Practices Tribunal
104. Exercise of Court's jurisdiction
105. Reference to Full Court
106. Intervention
107. Reference by Commission of questions of law to the Court
108. Validity of State orders and awards
109. Powers of Court
110. Interpretation of awards
111. Contempt of the Court
112. References by the Registrar of questions of law to the Court
113. Appeals
114. Limitations on appeals to High Court
115. Powers on appeal
116. Costs
117. Enforcement of judgments and orders
117A. Representation of parties
118. Practice and procedure
PART VA
PART VA - TRANSFER OF CERTAIN JURISDICTION OF
AUSTRALIAN INDUSTRIAL COURT TO FEDERAL COURT OF
AUSTRALIA

118A. Transfer of jurisdiction
118B. Limitation on appeals
118C. Reference of proceedings to Full Court
118D. Prosecutions for offences
PART VI
PART VI - THE ENFORCEMENT OF ORDERS AND AWARDS

119. Imposition and recovery of penalties
120. Application of penalties
121. Enforcement of penalties imposed by the Court
122. Enforcement of award
123. Recovery of wages, &c.
124. Unclaimed moneys
125. Inspectors
126. Directions that proceedings be instituted
PART VII
PART VII - REGISTRIES AND REGISTRARS

127. Power to establish Registries and appoint Registrars
127A. Acting Industrial Registrar or Deputy Industrial Registrar
128. Situation of Registries
129. Charge of Registries
130. Duties of Registrar
131. Registers of organizations
PART VIII
PART VIII - REGISTERED ORGANIZATIONS

132. Registration of organizations
132A. Offences in relation to independent contractors, &c.
132B. Certain persons disqualified from holding office in organizations
132C. Application for leave to be elected or appointed
132D. Application for leave to continue to hold office
132E. Court to have regard to certain matters
132F. Prescribed offences
132G. Jurisdiction of Court
132H. Costs
132J. Financial assistance to certain parties
133. Rules to provide for elections, secret ballots and certain other matters
133AA.Elections to be by secret postal ballot
133A. Rules to provide for certain funds
133AB.Casual vacancies
133B. Rules to provide conditions for loans, grants and donations by organizations
134. Alteration of rules to comply with prescribed conditions, &c.
135. Certificate of registration
136. Incorporation of organization
136A. Participation of organizations in State systems
137. Rules, &c., of organization not to prevent agreement
138. Incitement to boycott award forbidden
139. Alteration of name or rules of organizations
140. Requirements as to rules
141. Direction for performance of rules
141A. Financial assistance in proceedings under section 140 or 141
141B. Financial assistance in respect of certain respondents on account of hardship
142. Power to refuse registration of certain organizations
142A. Representation of employees by an organization
143. Application for cancellation of registration
143A. Cancellation of registration, &c.
144. Entitlement to membership of organizations
144A. Conscientious beliefs with respect to organizations
145. Resignation from membership of organization
146. Organizations may sue and be sued
147. Protection to organizations
148. Powers of organizations to recover fines, &c.
149. Disputes between organization and its members
150. Court may order that persons shall cease to be members of organizations
151. Act not to prevent transfer of shares
152. Records to be kept and filed by organizations
153. Exemptions from certain requirements
153A. Organizations to notify particulars of bank accounts, &c.
153B. Organizations to notify particulars of loans, grants and donations
155. Certificate as to membership of organization
156. List of members and officers to be evidence
157. Rules to be evidence
158. Unauthorized collection of moneys
PART VIIIAA
PART VIIIAA - ACCOUNTS AND AUDIT IN RESPECT OF
REGISTERED ORGANIZATIONS

158AA.Interpretation
158AAA.Application of Part with respect to organizations divided into branches
158AB.Application
158AC.Organization to keep proper accounting records
158AD.Organization to prepare accounts, &c.
158ADA.Information to be provided to members or Registrar
158AE.Auditors of organizations
158AF.Powers and duties of auditors
158AFA.Fees and expenses of auditors
158AFB.Removal of auditor from office
158AG.Copies of report and audited accounts to be supplied to members and presented to meetings
158AH.Copies of reports, &c., to be filed with Registrar
158AHA.Organization may submit accounts, &c., of all branches
158AJ.Organization to forward notices, &c., to auditor
158AK.Auditor entitled to attend meetings at which report presented
158AL.Offences in relation to obstruction, &c., of auditors
158AM.Auditors and other persons to enjoy qualified privilege in certain circumstances
158AN.Accounts and audit where income of organization less than specified amount
PART VIIIA
PART VIIIA - AMALGAMATION OF ORGANIZATIONS

158A. Interpretation
158B. Duty of Registrar where amalgamation proposed
158C. Prescribed procedure to be followed
158D. Committee to pass resolutions
158E. Formation of new association
158F. Scheme of amalgamation to be submitted
158FA.Declaration that amalgamation in public interest
158G. Scheme to be notified
158H. Objections
158J. Approval of amalgamation for submission to ballot
158K. Ballot of members
158L. Notice of ballot
158M. Offences in relation to ballots
158N. Determination of approval of amalgamation by members of organizations
158P. Inquiries into irregularities
158PA.Approval of amalgamations
158Q. Action to be taken after ballots
158R. Resignation of membership
158S. Effect of amalgamation on awards
158T. Expenses of ballot
158U. Costs of inquiries
PART VIIIB
PART VIIIB - ORGANIZATIONS AND ASSOCIATED BODIES

158V. Interpretation
158W. Amalgamation of organizations and associated bodies
158X. Procedure
PART IX
PART IX - DISPUTED ELECTIONS IN ORGANIZATIONS

159. Applications for inquiries respecting elections
160. Action by Registrar
161. Jurisdiction of Court
162. Directions as to hearing
162A. Court may authorize Registrar to inspect ballot papers, &c.
163. Interim orders
164. Procedure at hearing
165. Functions and powers of Court
165A. Industrial Registrar to make arrangements for conduct of elections, &c.
166. Enforcement of orders
167. Validation of certain acts, &c.
168. Costs
169. Ballot papers, &c., to be preserved
169A. Returning officer to furnish information
169B. Death of candidate
170. Registrar to conduct elections upon request
170A. Provisions applicable to elections conducted under section 165A or 170
171. Offences in connection with elections
PART IXA
PART IXA - VALIDATING PROVISIONS FOR ORGANIZATIONS

171A. Interpretation
171B. Validation of certain acts
171C. Court may make orders in respect of consequences of invalidity
171D. Court may order reconstitution of branch, &c.
171E. Application for membership of organization by person treated as having been a member
171F. Validation of certain acts
171G. Order affecting application of section 171B or 171F
PART X
PART X - INDUSTRIAL AGREEMENTS

172. Industrial agreements
173. Agreement only affects persons bound by it
174. Term and form
175. Duplicate to be filed
176. Effect of industrial agreement
177. Enforcement of agreement
178. Rescinding or varying of agreement
179. Variation of agreement to conform with common rule
180. Continuance of agreement unless terminated by notice
PART XI
PART XI - MISCELLANEOUS

182. Offences in relation to Commission
183. Creating disturbance near Court
184. Contempt by witness
185. False representation as to membership of organization
186. Trade secrets, &c., tendered in evidence
187. Inspection of books, &c.
188. Offences by organizations in relation to industrial action
188A. Furnishing of rules of organization
189. Jurisdiction of State Courts
190. Meaning of expressions in awards
191. Court may impose penalties for offences
192. Awards to be available at Registries
193. Evidence of awards
195. Incorporation of variations in reprints of awards
196. Proceedings by and against clubs
197. Contracts entered into by agents of employers
197A. Costs
198. Regulations
SCHEDULE

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