CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 2) 1977 NO. 124, 1977 CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 2) 1977 NO. 124, 1977 - TABLE OF PROVISIONS 1. Short title. 2. Commencement 3. Heading to Division 4 of Part III 4. Interpretation 5. 6. Attendance money 7. Exercise of powers 8. Powers and duties of Authority under awards or orders of the Commission 9. 10. Representation of parties CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 1 Short title. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 An Act to amend the Conciliation and Arbitration Act 1904. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. (1) This Act may be cited as the Conciliation and Arbitration Amendment Act (No. 2) 1977.*1* (2) The Conciliation and Arbitration Act 1904*2* is in this Act referred to as the Principal Act. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 2 Commencement 2. (1) Subject to sub-section (2), this Act shall come into operation on the date of commencement of the Stevedoring Industry Acts (Termination) Act 1977. (2) Sub-section 8 (1) and section 10 shall come into operation on the day fixed as the terminating day for the purposes of the definition of ''transitional period'' in section 3 of the Stevedoring Industry Acts (Termination) Act 1977. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 3 Heading to Division 4 of Part III 3. The heading to Division 4 of Part III of the Principal Act is amended by omitting ''Stevedoring Industry'' and substituting ''Waterside Workers''. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 4 Interpretation 4. Section 81 of the Principal Act is amended- (a) by omitting from sub-section (1) the definitions of ''employer'' and ''employment bureau'' and substituting the following definition: '' 'employer' means- (a) a person who engages, or offers to engage, persons for employment as waterside workers for work on a wharf or ship; (b) a ship's agent or shipowner who directs the method or time of working of a stevedoring employer or contractor; and (c) a master or officer of a ship engaged in work of the same nature as the work usually performed by a stevedoring employer, and includes an agent or servant of a person to whom paragraph (a), (b) or (c) applies;''; (b) by adding ''or of waterside workers being or not being members of an organization'' at the end of paragraph (k) of the definition of ''industrial matters'' in sub-section (1); (c) by omitting from sub-section (1) the definitions of ''industrial question'', ''the Authority'', ''Union'' and ''waterside worker'' and substituting the following definitions: '' 'industrial question' means an industrial dispute or an industrial matter; '' 'ship' includes barge, lighter, hulk or other vessel; '' 'stevedoring operations' means- (a) the loading or unloading of cargo into or from ships; (b) the loading or unloading, into or from ships, of ships' stores, coal or fuel oil (whether for bunkers or not), passengers' luggage or mails; (c) the handling or storage of cargo or other goods at or adjacent to a wharf; (d) the driving or operation of mechanical appliances used in connexion with the loading or unloading of ships or with the handling or storage of cargo or other goods at or adjacent to a wharf; and (e) haulage or trucking from ship to shed or shed to ship, and includes- (f) the removal or replacing of beams or hatches; (g) the handling of dunnage or ballast; (h) the preparing or cleaning of holds; and (j) the preparation of gear for use in connexion with the loading or unloading of ships, when that work is performed by a person who is a member, or has applied for membership, of the Waterside Workers' Federation of Australia; '' 'waterside worker' means a person who accepts, or offers to accept, employment for work in the loading or unloading of cargo into or from ships, and includes a person who is a member, or has applied for membership, of the Waterside Workers' Federation of Australia who accepts, or offers to accept, employment for work in- (a) the loading or unloading, into or from ships, of ships' stores, coal or fuel oil (whether for bunkers or not), passengers' luggage or mails; (b) the handling or storage of cargo or other goods at or adjacent to a wharf; (c) the driving or operation of mechanical appliances used in connexion with the loading or unloading of ships or with the handling or storage of cargo or other goods at or adjacent to a wharf; (d) haulage or trucking from ship to shed or shed to ship; (e) the removal or replacing of beams or hatches; (f) the handling of dunnage or ballast; (g) the preparing or cleaning of holds; or (h) the preparation of gear for use in connexion with the loading or unloading of ships, but does not include- (j) persons working in or alongside a ship in connexion with the direction or checking of the work of waterside workers; (k) members of the crew of a ship on the ship's articles; (l) members of the crew of a lighter; (m) members of the Sydney Coal Lumpers Union while loading or unloading coal in the port of Sydney; (n) persons employed, directly or indirectly, at a port in or in connexion with stevedoring operations which consist of the loading or unloading, into or from ships, of loose bulk cargo by means of equipment based on the shore, not being persons employed, in relation to a particular class of loose bulk cargo, in operations that, before 14 August 1956, were ordinarily performed at that port by members of the Waterside Workers' Federation of Australia or the North Australian Workers' Union in connexion with the loading or unloading by those means of loose bulk cargo of that class; or (o) persons in the regular employment of a person engaged in an industrial undertaking, being persons whose duties include the performance of stevedoring operations in connexion with that undertaking; '' 'wharf' includes a pier or jetty.''; and (d) by adding at the end thereof the following sub-sections: ''(3) Without limiting by implication the definition of 'industrial matters' in sub-section (1), a reference in this Division, other than in the definition of 'industrial dispute' in sub-section (1), to industrial matters shall be read as including a reference to- (a) a question as to the number of waterside workers required at a port for the proper and effective conduct of stevedoring operations at the port; (b) a question as to the circumstances in which waterside workers will be employed at a port to assist in the performance of particular stevedoring operations by reason that the number of waterside workers regularly employed at the port is insufficient for the efficient performance of those stevedoring operations; (c) matters relating to the recruitment of waterside workers; and (d) a matter pertaining to attendance money or a question arising in relation to such a matter. ''(4) A reference in this Division to a wharf shall be read as including a reference to a shed adjacent to a wharf.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 5 5. After section 81 of the Principal Act the following section is inserted: Application of Division ''81A. Nothing in this Division shall be taken to extend the application of this Division to matters pertaining to the relations of employees in the occupations or of a kind referred to in paragraphs (j) to (o) (inclusive) of the definition of 'waterside worker' in sub-section (1) of section 81 and employers of such employees.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 6 Attendance money 6. (1) Section 83 of the Principal Act is repealed. (2) Notwithstanding the repeal effected by sub-section (1), any order of the Commission under section 83 of the Principal Act that was in force immediately before the date of commencement of that sub- section continues to have effect in relation to the payment of attendance money in respect of any period that occurred before that date. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 7 Exercise of powers 7. Section 84 of the Principal Act is amended by omitting sub- sections (3) and (4). CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 8 Powers and duties of Authority under awards or orders of the Commission 8. (1) Section 85 of the Principal Act is repealed. (2) After the commencement of this sub-section and before the commencement of sub-section (1) the Commission is not empowered by section 85 of the Principal Act- (a) to confer powers or to impose duties on the Authority as mentioned in paragraph 85 (1) (a); or (b) to direct the Authority to pay amounts to waterside workers in respect of a matter or thing occurring, or a period commencing, after the commencement of this sub-section. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 9 9. Sections 86 and 87 of the Principal Act are repealed and the following sections substituted: Appointment of Port Conciliators ''85A. (1) Where, under section 20 (as that section applies for the purposes of this Division), there have been included in an award or order of the Commission under this Division procedures for preventing or settling, by discussion and agreement, disputes between the parties to the award or any of them as to industrial matters, the Commission may appoint persons to be Port Conciliators with the function of assisting the parties to the award to implement effectively those procedures. ''(2) A Port Conciliator shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed. ''(3) A Port Conciliator shall be paid such allowances (if any) as are prescribed. ''(4) Sub-sections (2) and (3) have effect subject to the Remuneration Tribunals Act 1973. ''(5) The Commission may at any time terminate an appointment made under this section. ''(6) Subject to this section, a Port Conciliator holds office on such terms and conditions as the Commission determines. Federal Co-ordinating Committee ''86. (1) There is established by this section a committee by the name of the Federal Co-ordinating Committee. ''(2) The Committee shall consist of persons who, except for a member referred to in sub-section (4), shall be appointed by a person authorized by the Minister to make appointments for the purposes of this section and shall be so appointed in accordance with nominations made in accordance with the regulations. ''(3) A member of the Federal Co-ordinating Committee shall hold office as provided by the regulations. ''(4) The Committee may, at any meeting, co-opt a person to be a member of the Committee for the purpose of the consideration by the Committee of a particular matter. ''(5) A member of the Committee, including a member referred to in sub-section (4), is not entitled to remuneration or allowances. ''(6) The function of the Committee is to encourage agreement between waterside workers and employers of waterside workers with a view to ensuring the effective conduct of stevedoring operations in Australia. Port Coordinating Committees ''87. (1) The Minister may establish committees, each to be known as a Port Co-ordinating Committee, in respect of ports at which stevedoring operations are conducted. ''(2) A Port Co-ordinating Committee shall consist of persons who, except for a member referred to in sub-section (4), shall be appointed by a person authorized by the Minister to make appointments for the purposes of this section and shall be so appointed in accordance with nominations made in accordance with the regulations. ''(3) A member of a Port Co-ordinating Committee shall hold office as provided by the regulations. ''(4) A Port Co-ordinating Committee may, at any meeting, co-opt a person to be a member of the Committee for the purpose of the consideration by the Committee of a particular matter. ''(5) A member of a Port Co-ordinating Committee, including a member referred to in sub-section (4), is not entitled to remuneration or allowances. ''(6) The function of a Port Co-ordinating Committee established in respect of a port is to assist the Federal Co-ordinating Committee in the performance in relation to that port of the function of the Federal Co- ordinating Committee referred to in sub-section (6) of section 86. Additional functions of Commission in relation to stevedoring industry ''87A. (1) Where- (a) a relevant stevedoring industry agreement makes provision for the performance of a function by the Commission; and (b) the terms of that agreement, in so far as they concern the performance by the Commission of that function, have been approved in writing by the Minister, the Commission may perform that function. ''(2) In sub-section (1), 'relevant stevedoring industry agreement' means an agreement expressed to be entered into in furtherance of the report of the National Stevedoring Industry Conference submitted to the Minister on 5 April 1977.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - SECT 10 Representation of parties 10. Section 117A of the Principal Act is amended- (a) by omitting ''or the Stevedoring Industry Act 1956'' (wherever occurring); and (b) by omitting sub-section (4) and substituting the following sub-section: ''(4) In this section, 'party' includes an intervener.''. ------------------------------------------------------------------------------ -- CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1977 No. 124 of 1977 - NOTES NOTES 1. Act No. 124, 1977; assented to 10 November 1977. 2. Act No. 13, 1904, as amended. For previous amendments see Act No. 28, 1909; No. 7, 1910; No. 6, 1911; Nos. 5 and 18, 1914; No. 35, 1915; No. 39, 1918; No. 31, 1920; No. 29, 1921; No. 22, 1926; No. 8, 1927; No. 18, 1928; No. 43, 1930; Nos. 45 and 54, 1934; Nos. 14 and 30, 1946; Nos. 10 and 52, 1947; Nos. 65 and 77, 1948; Nos. 28 and 86, 1949; Nos. 51 and 80, 1950; Nos. 18 and 58, 1951; No. 34, 1952; Nos. 17, 18 and 54, 1955; Nos. 44 and 103, 1956; No. 30, 1958; No. 40, 1959; Nos. 15, 17 and 110, 1960; No. 40, 1961; Nos. 99 and 115, 1964; Nos. 22 and 92, 1965; Nos. 64 and 93, 1966; No. 101, 1967; No. 38, 1968; Nos. 12, 15 and 40, 1969; No. 53, 1970; No. 37, 1972; No. 138, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 89, 1974; No. 64, 1975; Nos. 3, 64, 91, 117 and 160, 1976; and Nos. 64 and 108, 1977.