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.
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.
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.
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.
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.
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.
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.
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.
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.
The certificate of registration of an association as an organization shall be in accordance with Form 32.
Advice of registration.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Image unavailable in extracted textTHE SCHEDULES.
Image unavailable in extracted textFIRST SCHEDULE. Regulation 5.
Regulation 16. FORM 1.
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:—
[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.]
Notifier.
To the Registrar
or
To
[State name of Commissioner.]
Image unavailable in extracted textRegulation 18. FORM 2.
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.]
Image unavailable in extracted textTo the Registrar.
Regulations 19 and 25. FORM 3.
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.
To—Each of the persons and organizations abovementioned [or name and address of person to whom notice is to be given].
Regulation 21. FORM 4.
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.]
Member of the Commission
Image unavailable in extracted text[or Registrar].
Regulation 22. FORM 5.
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. .
Image unavailable in extracted textTo the Registrar.
Regulation 27. FORM 6.
APPEAL UNDER SECTION 35.
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.]
Appellant.
Regulation 31. FORM 7.
APPLICATION TO THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION FOR THE SETTING ASIDE, OF AN AWARD OR ORDER OR TERM OF AN AWARD OR ORDER.
[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.]
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.
Regulation 31. FORM 8.
APPLICATION TO THE COMMONWEALTH CONCILIATION AND ARBITRATION COMMISSION FOR THE VARIATION OF AN AWARD OR ORDER OR TERM OF AN AWARD OR ORDER.
[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.]
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.
Regulation 33. FORM 9.
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.
Image unavailable in extracted textTo the Registrar.
Regulation 33. FORM 10.
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.
Regulation 35. FORM 11.
NOTICE OF APPEARANCE ON APPLICATION FOR COMMON RULE.
[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:—
The matters upon which I desire to be heard are as follows:—
I intend to object to the application so far as it relates to the following matters:—
The nature of my objections is as follows:—
Dated this day of , 19
Signature.
Image unavailable in extracted textTo 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.
Regulations 48 and 75. FORM 13.
GENERAL FORM OF APPLICATION.
[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.
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.
Image unavailable in extracted textRegulation 58. FORM 14.
SUMMONS TO WITNESS.
[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.]
Regulation 70. FORM 15.
RULE TO SHOW CAUSE.
In the matter of the Conciliation and Arbitration Act 1904-19
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.
Image unavailable in extracted textJudge.
Regulation 72. FORM 16.
APPLICATION FOR LEAVE TO ALTER RULES.
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.]
On behalf of [name of association].
Signature.
Regulation 73. FORM 17.
APPLICATION FOR AN ORDER UNDER SECTION 144.
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.
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.
Image unavailable in extracted textRegulation 74. FORM 18.
APPLICATION FOR INQUIRY CONCERNING AN ELECTION.
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.]
To the Industrial Registrar.
Regulation 76. FORM 19.
SUMMONS TO ANSWER CLAIM FOR PENALTY
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].
Image unavailable in extracted textRegulation 76. FORM 20.
INFORMATION FOR AN OFFENCE.
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—
Image unavailable in extracted textRegulation 76. FORM 21.
SUMMONS TO ANSWER CHARGE OF AN OFFENCE.
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 .
Regulation 77. FORM 22.
APPLICATION TO COURT FOR LEAVE TO APPEAL FROM ACT OR DECISION OF REGISTRAR.
[State brief particulars of matter in which leave to appeal is sought.]
Application is hereby made by for leave to appeal against the following act [or decision] of [set out title of Registrar] at [set out Registry] done [or given] on the day of , 19 , namely [set out particulars of act or decision sought to be appealed against].
The grounds of this application are as follows:—
To the Commonwealth Industrial Court.
Image unavailable in extracted textRegulation 78. FORM 23.
NOTICE OF APPEAL UNDER SECTION 37 OF THE STEVEDORING INDUSTRY ACT 1956.
I, of hereby appeal to the Commonwealth Industrial Court against the suspension/cancellation of my registration as a waterside worker at the port of .
The grounds upon which this appeal is lodged are as follows:—
I request that, if practicable, this appeal be heard at .
I attach an affidavit verifying the facts stated in this notice of appeal.
Image unavailable in extracted textRegulation 99. FORM 24.
WRIT OF EXECUTION.
No. .
BEFORE THE COMMONWEALTH INDUSTRIAL COURT.
ELIZABETH THE SECOND, ETC.
To the Marshall of the High Court of Australia [or to ]:
Whereas by an order of the Commonwealth Industrial Court, dated the day of , 19 , it was directed that A.B. should pay to C.D. the sum of £ together with costs (if any) on the day of , 19 .
This is to command you to levy of the lands and goods of A.B. the sum of £ to satisfy C.D. for the said amount so ordered to be paid to him by the said A.B., and after levy duly made thereof to have that money before us in our said Court at in the State of immediately after the execution hereof, to be rendered to the said C.D.
Witness , Chief Judge of Our said Court, at in the State of , this day of , 19 .
To the Marshall of the High Court of Australia [or to ]:
We direct you to attach A.B. of so that you may have him before us in the Commonwealth Industrial Court on the first day on which the Court shall sit next after the arrest of the said A.B., or as soon thereafter as is practicable. And have you there this writ.
Witness , Chief Judge of Our said Court, at in the State of , this day of , 19 .
For [state ground on which writ issued.]
Image unavailable in extracted textRegulation 111. FORM 26.
AFFIDAVIT IN SUPPORT OF APPLICATION FOR SPECIAL LEAVE TO APPEAL.
In the matter of a proposed appeal under section 29 of the Re-establishment and Employment Act 1945-19 .
[Name of proposed appellant]
And
[Name of proposed respondent]
I [set out full name, private address and occupation of the proposed appellant] being duly sworn make oath and say as follows:—
[Set out in numbered paragraphs the relevant facts including—
(i) the name of the court from which the appeal is to be brought;
(ii) the date of the decision in question;
(iii) the effect of that decision;
(iv) grounds intended to be relied upon in support of the appeal;
(v) whether the applicant desires on the hearing of the appeal to adduce evidence not called in the court below.]
Image unavailable in extracted textRegulation 112. FORM 27.
NOTICE TO PROPOSED RESPONDENT IF THE APPLICATION FOR SPECIAL LEAVE IS TO BE MADE ON NOTICE.
In the matter of a proposed appeal under section 29 of the Re-establishment and Employment Act 1945-19 .
[Name of proposed appellant]
And
[Name of proposed respondent]
To [set out name and address of proposed respondent]:
Take notice that an application will be made to the above-mentioned Court at [set out locality and address of Court at which application will be made] on the day of , 19 , at o’clock in the noon or so soon thereafter as this application may be heard for an order granting [name of applicant] special leave to appeal from an order of the [insert title of court which gave the decision from which special leave to appeal is sought] given or made on [insert date] whereby [set out effect of latter order] upon the following grounds:—
[Set out grounds as stated in affidavit.] Dated this day of , 19 .
Signature of applicant or his legal representative.
This notice is given on behalf of the proposed appellant [insert name] whose address for service is [set out address for service].
Regulation 113. FORM 28.
NOTICE TO RESPONDENT AFTER SPECIAL LEAVE HAS BEEN GRANTED AND A DATE FOR HEARING FIXED BY THE COURT.
In the matter of an appeal under section 29 of the Re-establishment and Employment Act 1945-19 .
[Name of appellant]
And
[Name of respondent]
To [set out name and address of respondent]:
Take notice that pursuant to special leave under section 29 above-mentioned granted to the appellant by this Court on the [insert date upon which special leave to appeal was granted] application will be made to the Commonwealth Court of Conciliation and Arbitration at [set out locality and address of the Court at which the appeal will be heard] on the [insert date fixed by the Court for the hearing] at [insert time on that date fixed for the hearing] by way of appeal against the order of the [insert title of court the decision of which is the subject of special leave to appeal] given or made on the [insert date of decision] for an order by the said Commonwealth Court of Conciliation and Arbitration reversing or modifying [omit whichever is irrelevant] the order appealed against on the following grounds:—
[Set out grounds as stated in affidavit in support of application for leave.]
Signature of appellant or his legal representative.
This notice is given on behalf of the appellant [insert name] whose address for service is [set out address for service].
Image unavailable in extracted textRegulation 116. FORM 29.
APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYERS AS AN ORGANIZATION.
We [set out names, in full, addresses and occupations of applicants] hereby make application for the registration of an association called [set out the name of the association] the office of which is situated at [set out place which is to be registered office] as an organization of employers under the Conciliation and Arbitration Act 1904-19 and we declare as follows:—
1. That the said association is an association of employers in or in connexion with the [set out name of industry].
2. That the members of the said association have in the aggregate throughout the six months next preceding the date of this application employed on an average taken per month not less than one hundred employees in that industry.
3. That the copies accompanying this application of the lists of—
(a) the members of the association;
(b) the officers of the association; and
(c) the branches of the association,
and the particulars set forth in regard thereto, are to the best of our knowledge and belief true and correct statements of the matters respectively stated therein.
4. That the copies of the rules of the association and of the branches thereof accompanying this application are true and correct copies of the rules of the association and of the branches thereof.
5. That on the day of , 19 , a resolution was passed in accordance with the rules by a majority of the members present at a general meeting of the association in favour of registration of the association as an organization [or a resolution was passed by an absolute majority of the Committee of Management of the said association in favour of registration of the association as an organization] and that the copies of that resolution accompanying this application are true and correct copies thereof.
6. That we, the applicants, are officers of the association, and are authorized to make this application.
And we make this application conscientiously believing the statements therein to be true.
Signatures of Applicants.
Declared before me at the day of , 19 .
Image unavailable in extracted textRegulation 116. FORM 30.
APPLICATION FOE THE REGISTRATION OF AN ASSOCIATION OF EMPLOYEES AS AN ORGANIZATION.
We, [set out names in full, addresses and occupations of applicants] hereby make application for the registration of an association called [set out the name of the association] the office of which is situated at [set out place which is to be registered office] as an organization of employees under the Conciliation and Arbitration Act 1904-19 , and we declare as follows:—
1. That the said association is an association of employees in or in connexion with the [set out name of industry].
2. That the number of employees in or in connexion with the said industry who are members of the association is not less than one hundred.
3. That the copies accompanying this application of the lists of—
(a) the members of the association;
(b) the officers of the association; and
(c) the branches of the association, and the particulars set forth in regard thereto, are to the best of our knowledge and belief true and correct statements of the matters respectively contained therein.
4. That the copies of the rules of the association and of the branches thereof accompanying this application are true and correct copies of the rules of the association and of the branches thereof.
5. That on the day of , 19 , a resolution was passed in accordance with the rules by a majority of the members present at a general meeting of the association in favour of registration of the association as an organization [or a resolution was passed by an absolute majority of the Committee of Management of the said association in favour of registration of the association as an organization] and that the copies of that resolution accompanying this application are true and correct copies thereof.
6. That we, the applicants, are officers of the association, and are authorized to make this application.
And we make this application conscientiously believing the statements therein to be true.
Signatures of Applicants.
Declared before me at the day of , 19 .
Regulation 119. FORM 31.
NOTICE OF OBJECTION TO THE REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION.
Take notice that [set out name of objecting organization or person and its or his address and his occupation] objects to the registration of [set out the name of the association applying for registration] as an organization under the above Act on the following grounds, namely:—
[Set out the grounds and particulars thereof in numbered paragraphs.]
Dated at this day of , 19 .
Signature (s) (or Seal) of Objector (s).
Image unavailable in extracted textRegulation 125. FORM 32.
CERTIFICATE OF REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION OF EMPLOYERS [or EMPLOYEES, as the case may be].
I, [set out the name and title of Registrar] hereby certify that on the day of One thousand nine hundred and an association called [set out the name of the association] was, at the Principal Registry [or at the District Registry in the State of ], registered by that name under the Conciliation and Arbitration Act 1904-19 as an organization of employers [or employees, as the case requires] in or in connexion with the industry.
I further certify that the conditions of eligibility for membership of the organization are as follows:—
Dated at this day of , 19 .
Industrial Registrar [or Deputy Industrial Registrar, as the case requires].
Regulation 126. FORM 33.
District Registry,
. 19
Memorandum for—
The Industrial Registrar,
Principal Registry,
Melbourne.
I have registered an association called the [set out name of association] as an organization under the Conciliation and Arbitration Act 1904-19 , according to the particulars set out below, and I forward herewith a copy of the list of members of the association, a list of officers of the association showing the postal addresses and occupations of the officers respectively, a list of the branches of the association 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 the branches respectively, one copy of the rules of the association and of its branches, and one copy of the resolution in favour of registration of the association as an organization.
PARTICULARS.
Registered number of organization—
Date of registration—
Name of organization—
Employers or employees—
Name of industry—
Conditions of eligibility for membership—
State—
Situation of registered office—
Deputy Industrial Registrar.
Image unavailable in extracted textRegulation 127. FORM 34.
APPLICATION FOR CONSENT TO THE CHANGE OF NAME OF AN ORGANIZATION.
Application is hereby made by [set out name of organization] for consent to the change of the name of the said organization to [set out proposed new name].
Regulation 127. FORM 35.
APPLICATION FOR CONSENT TO THE CHANGE OF THE CONDITIONS OF ELIGIBILITY FOR MEMBERSHIP OF AN ORGANIZATION.
Application is hereby made by [set out name of organization] for consent to the change of the conditions of eligibility for membership of the organization from the following:—[insert present conditions of eligibility for membership] to the following:—[insert proposed conditions of eligibility for membership].
Image unavailable in extracted text[or Seal].
Regulation 127. FORM 36.
APPLICATION FOR CONSENT TO THE CHANGE OF THE DESCRIPTION OF THE INDUSTRY IN CONNEXION WITH WHICH AN ORGANIZATION IS REGISTERED.
Application is hereby made by [set out name of organization] for consent to the change of the description of the industry in connexion with which the organization is registered from the following:—[insert present description] to the following:—[insert proposed description].
Image unavailable in extracted text[or Seal].
Regulation 127. FORM 37.
NOTICE OF OBJECTION TO APPLICATION FOR CONSENT TO THE CHANGE OF NAME OF AN ORGANIZATION.
Take notice that [set out name of objecting organization or person, and its or his address and his occupation] objects to the application for consent to the change of name of [set out name of organization applying for a change of name] on the following grounds, namely:—
Regulation 127. FORM 38.
NOTICE OF OBJECTION TO APPLICATION FOR CONSENT TO THE CHANGE OF THE CONDITIONS OF ELIGIBILITY FOR MEMBERSHIP OF AN ORGANIZATION.
Take notice that [set out name of objecting organization or person, and its or his address and his occupation] objects to the application for consent to the change of conditions of eligibility for membership of [set out name of organization applying for the change], on the following grounds, namely:—
Image unavailable in extracted textRegulation 127. FORM 39.
NOTICE OF OBJECTION TO APPLICATION FOR CONSENT TO THE CHANGE OF THE DESCRIPTION OF THE INDUSTRY IN CONNEXION WITH WHICH AN ORGANIZATION IS REGISTERED.
Take notice that [set out name of objecting organization or person, and its or his address and his occupation] objects to the application for consent to the change of the description of the industry in connexion with which [set out name of organization applying for change] is registered, on the following grounds, namely:—
Dated at the day of , 19
Regulation 163. FORM 40.
APPLICATION FOR A CERTIFICATE UNDER SECTION 47.
I, of , hereby apply, in pursuance of sub-section (3.) of section 478 of the Conciliation and Arbitration Act 1904-19 , for a certificate that an employer bound by the award or order made by the Commission on in the matter of is not required, by reason of the award or order, to give preference to members of the organization referred to in the award or order over me.
I claim that my conscientious beliefs do not allow me to be a member of such an organization.
The following facts are submitted in support of my application:—
I attach an affidavit verifying the facts stated in this application.
Image unavailable in extracted textTo the Registrar.
SECOND SCHEDULE. Regulation 98.
COSTS.
£
s.
d.
For preparing document (including bill of costs), per folio.......................
Service of any document (in addition to mileage where chargeable)................
0
2
0
Attendance of party at Court, per day, not exceeding..........................
1
1
0
Attendance on taxation of bill of costs....................................
0
10
6
WITNESSES’ EXPENSES.
Image unavailable in extracted textThe allowances to witnesses shall be the same as in the Supreme Court of the State or Territory of the Commonwealth where the witnesses are in attendance unless, for special reasons, the Court or Commission directs that some other allowance be made.
THIRD SCHEDULE. Regulations 39, 63 and 164.
FEES PAYABLE AT REGISTRAR’S OFFICE.
THIRD SCHEDULE—continued.
Image unavailable in extracted textBy Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.