Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 2) 1980 No. 36 of 1980 - SECT 3

3. After section 4 of the Principal Act the following section is inserted:
Industrial matters affecting the oil industry in New South Wales

"4A. (1) In this section-

'oil industry industrial matter' means an industrial matter that pertains to
the relations of a prescribed employer with prescribed employees of that
employer;

'prescribed employee' means an employee who is, or is eligible to become, a
member of the oil industry branch of the industrial union registered under the
Industrial Arbitration Act, 1940 of New South Wales as the Australian Workers
Union and is employed by a prescribed employer;

'prescribed employer' means any of the following companies: Australian
Lubricating Oil Refinery Limited Australian Oil Refining Pty. Limited Total
Refineries Australia Limited;

'prescribed New South Wales Act' means an Act passed by the Parliament of New
South Wales that is prescribed for the purposes of this section.



"(2) This Act (other than this section) does not apply to, or in relation to,
the relations of a prescribed employer with prescribed employees of that
employer and, in particular-

   (a)  does not apply to, or in relation to, an oil industry industrial
        matter;

   (b)  does not apply to or in relation to an industrial dispute in so far as
        that dispute is a dispute, or a situation that is likely to give rise
        to a dispute, as to an oil industry industrial matter; and

   (c)  does not apply to, or in relation to, industrial action in so far as
        that action relates to, or affects, the relations of a prescribed
        employer with prescribed employees of that employer.



"(3) It is hereby declared to be the intention of the Parliament that this Act
shall not exclude the concurrent operation of a prescribed New South Wales Act
in so far as that Act makes provision with respect to oil industry industrial
matters.



"(4) The President may, from time to time, designate a Presidential Member for
the purposes of this section.



"(5) A Presidential Member designated under sub-section (4) shall perform any
functions or duties, and may exercise any powers, that are conferred or
expressed to be conferred upon a Presidential Member by a prescribed New South
Wales Act.".
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