Commonwealth Numbered Acts

BUILDING INDUSTRY ACT 1985 No. 92 of 1985 - SECT 4

4. (1) If, on application by the Minister, the Commission is satisfied that-

   (a)  the Federation or a prescribed person has, whether before or after the
        commencement of this Act, engaged in industrial action that
        constituted a contravention of, was in support of a claim that
        constituted a contravention of, or was inconsistent with the intent
        of-

        (i)    an undertaking given to the Commission, to the Registrar or to
               the Federal Court of Australia on behalf of the Federation;

        (ii)   an undertaking relating to the performance of work, to claims
               concerning the terms and conditions of employment, or to the
               prevention or settlement of industrial disputes, given on
               behalf of the Federation to a party to a proceeding before the
               Commission, the Registrar or the Federal Court of Australia to
               which the Federation was a party; or

        (iii)  an agreement relating to the performance of work, to claims
               concerning the terms and conditions of employment or to the
               prevention or settlement of industrial disputes in the building
               industry or a part of the building industry;

   (b)  the Federation or a prescribed person has, whether before or after the
        commencement of this Act, engaged in conduct that prevented or
        seriously hindered the achievement of an object of the Conciliation
        and Arbitration Act; or

   (c)  the Federation or a prescribed person has, whether before or after the
        commencement of this Act, engaged in conduct that is inimical to the
        prevention and settlement of industrial disputes by means of
        conciliation and arbitration, the Commission shall make a declaration
        that it is so satisfied and cause the declaration to be recorded in
        writing.

(2) In relation to a time before the commencement of this Act, being a time
after the registration under the Conciliation and Arbitration Act of the
organization known as "The Australian Building Construction Employees' and
Builders Labourers' Federation" was cancelled and before the association that
had been registered as that organization again became registered as an
organization under that Act, the reference in sub-paragraph (1) (a) (i) to an
undertaking given on behalf of the Federation shall be construed as a
reference to an undertaking given on behalf of that association.

(3) For the purposes of this section, any industrial action or any conduct
that has been or is engaged in by members of the Federation shall be deemed to
have been engaged in by the Federation if-

   (a)  it is proved that the Federation or a prescribed person instigated or
        encouraged that industrial action or that conduct; or

   (b)  in a case to which paragraph (a) does not apply-the Federation does
        not prove that the Federation or a prescribed person took all
        reasonable steps to prevent that industrial action or that conduct.

(4) For the purposes of this section, the person or group of persons referred
to in any one of the following paragraphs constitutes or constitute a
prescribed person:

   (a)  the committee of management of the Federation;

   (b)  the committee of management of a branch of the Federation;

   (c)  an officer, employee or agent of the Federation in the performance of
        duties as such an officer, employee or agent;

   (d)  a member of the Federation in the performance of the function of
        dealing with an employer on behalf of members of the Federation.

(5) In the hearing of an application by the Minister under this section, the
Commission may have regard to-

   (a)  any evidence given or statements made in any other proceedings before
        the Commission, whether constituted as a Full Bench or otherwise, and
        any findings made by the Commission in any such proceedings;

   (b)  any evidence given or statements made in any proceedings before the
        Registrar and any findings made by the Registrar in any such
        proceedings;

   (c)  any evidence given in any proceedings before the Federal Court of
        Australia and any findings made by that Court in any such proceedings;
        and

   (d)  any evidence given in any proceedings of a Royal Commission that was
        appointed to inquire into the activities of the Federation and any
        report made by such a Royal Commission.

(6) Where an application is made by the Minister under this section, the
Commission shall hear and determine the application as quickly as is
appropriate having regard to all the circumstances.