Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 19

19. Section 142A of the Principal Act is amended-

   (a)  by omitting ''The Commission may, on the application of an
        organization, an employer or the Minister,'' and substituting ''The
        Commission may, on the application of an organization, an employer,
        the Minister or the Bureau, if it thinks it in the public interest to
        do so.'';

   (b)  by adding at the end thereof the following sub-sections:

''(2) The Commission may, on the application of an organization, an employer,
the Minister or the Bureau, if it thinks it in the public interest to do so,
make an order-

   (a)  declaring that it is in the public interest that an organization of
        employees should not have the right to represent the industrial
        interests under this Act of employees included in a class or group of
        employees specified in the order; and

   (b)  directing the organization to alter its rules (before the expiration
        of a period and in a manner specified in the order) for the purpose of
        excluding from eligibility for membership of the organization persons
        belonging to that class or group of employees.

''(3) In considering whether or not to make an order under this section, the
Commission shall have regard to the likely effect of the order on-

   (a)  the cost of carrying on the industrial operation concerned;

   (b)  the efficiency of that operation; and

   (c)  any existing practice or arrangement relating to the performance of
        work by employees engaged in that operation.

''(4) The organization in respect of which an application is made under this
section shall be given an opportunity of being heard by the Commission.

''(5) On and after the date of an order under sub-section (2) and before the
rules are altered in accordance with the order, the effect of the order is
that-

   (a)  an employee included in the class or group of employees to which the
        order relates who was, immediately before the date of the order, a
        member of the organization ceases to be such a member; and

   (b)  if the organization purports to enrol as a member an employee included
        in the class or group of employees to which the order relates-that
        purported enrolment has no effect.

''(6) Subject to section 35, the power of the Commission to make an order
under this section is exercisable by a Presidential Member and not otherwise.

''(7) A party to proceedings under this section may apply to the Presidential
Member concerned to have the matter the subject of the proceedings dealt with
by a Full Bench of the Commission on the ground that the matter is of such
importance that, in the public interest, it should be so dealt with.

''(8) If the Presidential Member to whom an application is made under
sub-section (5) is not the President, he shall refer the application to the
President.

''(9) Where an application is made to the President under sub-section (7) or
is referred to the President under sub-section (8), the President, if he
thinks it in the public interest to do so, shall direct that the matter the
subject of the application be heard and determined by a Full Bench of the
Commission.

''(10) If an organization fails to alter its rules in compliance with an order
under sub-section (2), the Industrial Registrar may, after inviting the
organization to consult with him on the matter, determine such alterations of
the rules of the organization as will, in his opinion, give effect to the
order.

''(11) The Industrial Registrar shall register the alterations so determined
by him and thereupon the rules shall be deemed to be altered accordingly.''.