4Application to Commission for declaration in relation to Federation

#### 4 Application to Commission for declaration in relation to Federation (1) If, on application by the Minister, the Commission is satisfied that: (a) the Federation or a prescribed person has, whether before or after the commencement of this Act, engaged in industrial action that constituted a contravention of, was in support of a claim that constituted a contravention of, or was inconsistent with the intent of: (i) an undertaking given to the Commission, to the Registrar or to the Federal Court of Australia on behalf of the Federation; (ii) an undertaking relating to the performance of work, to claims concerning the terms and conditions of employment, or to the prevention or settlement of industrial disputes, given on behalf of the Federation to a party to a proceeding before the Commission, the Registrar or the Federal Court of Australia to which the Federation was a party; or (iii) an agreement relating to the performance of work, to claims concerning the terms and conditions of employment or to the prevention or settlement of industrial disputes in the building industry or a part of the building industry; (b) the Federation or a prescribed person has, whether before or after the commencement of this Act, engaged in conduct that prevented or seriously hindered the achievement of an object of the Conciliation and Arbitration Act; or (c) the Federation or a prescribed person has, whether before or after the commencement of this Act, engaged in conduct that is inimical to the prevention and settlement of industrial disputes by means of conciliation and arbitration; the Commission shall make a declaration that it is so satisfied and cause the declaration to be recorded in writing. (2) In relation to a time before the commencement of this Act, being a time after the registration under the Conciliation and Arbitration Act of the organization known as The Australian Building Construction Employees’ and Builders Labourers’ Federation was cancelled and before the association that had been registered as that organization again became registered as an organization under that Act, the reference in subparagraph (1)(a)(i) to an undertaking given on behalf of the Federation shall be construed as a reference to an undertaking given on behalf of that association. (3) For the purposes of this section, any industrial action or any conduct that has been or is engaged in by members of the Federation shall be deemed to have been engaged in by the Federation if: (a) it is proved that the Federation or a prescribed person instigated or encouraged that industrial action or that conduct; or (b) in a case to which paragraph (a) does not apply—the Federation does not prove that the Federation or a prescribed person took all reasonable steps to prevent that industrial action or that conduct. (4) For the purposes of this section, the person or group of persons referred to in any one of the following paragraphs constitutes or constitute a prescribed person: (a) the committee of management of the Federation; (b) the committee of management of a branch of the Federation; (c) an officer, employee or agent of the Federation in the performance of duties as such an officer, employee or agent; (d) a member of the Federation in the performance of the function of dealing with an employer on behalf of members of the Federation. (5) In the hearing of an application by the Minister under this section, the Commission may have regard to: (a) any evidence given or statements made in any other proceedings before the Commission, whether constituted as a Full Bench or otherwise, and any findings made by the Commission in any such proceedings; (b) any evidence given or statements made in any proceedings before the Registrar and any findings made by the Registrar in any such proceedings; (c) any evidence given in any proceedings before the Federal Court of Australia and any findings made by that Court in any such proceedings; and (d) any evidence given in any proceedings of a Royal Commission that was appointed to inquire into the activities of the Federation and any report made by such a Royal Commission. (6) Where an application is made by the Minister under this section, the Commission shall hear and determine the application as quickly as is appropriate having regard to all the circumstances.