Commonwealth Numbered Acts

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 Sections 86 and 87 of the Principal Act are repealed and the following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.''.