Commonwealth Numbered Acts

BUILDING INDUSTRY ACT 1985 No. 92 of 1985 - SECT 8

8. (1) Where the Commission makes a declaration under section 4 or under
sub-section 5 (9), the Minister may, if the Minister is of the opinion that it
is desirable to do so having regard to the public interest in securing the
prevention and settlement by conciliation and arbitration of industrial
disputes extending beyond the limits of any one State or in maintaining peace,
order and good government in a Territory, by order in writing, declare that
the rules of the Federation relating to the industry in or in connection with
which the Federation is registered under the Conciliation and Arbitration Act
and to the conditions of eligibility for membership of the Federation shall
cease to have any effect in relation to work in a part or parts of Australia
specified in the order.

(2) Where the Minister makes an order under sub-section (1)-

   (a)  the Registrar shall forthwith determine the alterations that need to
        be made to the rules of the Federation for the purpose of giving
        effect to the order and shall record the alterations so determined in
        the register, and upon the certificate of registration, under the
        Conciliation and Arbitration Act, and, when those alterations are so
        recorded-

        (i)    those rules shall be deemed to be altered accordingly; and

        (ii)   no further alteration to those rules, to the extent (if any)
               that the alteration would relate to work in a part of Australia
               specified in the order, may be made without the consent in
               writing of the Minister; and

   (b)  the Federation is not entitled, for the purposes of the Conciliation
        and Arbitration Act, to make any claims for or on behalf of any
        persons, or to represent any members, in a part or parts of Australia
        specified in the order.

(3) At the expiration of 28 days after the making of an order under
sub-section (1), any award that would, but for this sub-section, apply to the
Federation or to its members ceases to have any effect in relation to the
Federation and its members unless the Commission has, within that period,
varied the award so that it ceases to apply to the Federation and to its
members in relation to work performed in the part or parts of Australia
specified in the order.

(4) While an order is in force under sub-section (1), section 5 of the
Conciliation and Arbitration Act has effect in relation to, or in relation to
the employment of, an employee in a part of Australia specified in the order,
or in relation to work by an employee in the service of his or her employer in
such a part of Australia, as if references in that section to an organization
or to a branch of an organization did not include references to the Federation
or to a branch of the Federation.