Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION (BOYCOTTS) AMENDMENT ACT 1980 No. 90 of 1980 - SECT 3

3. After section 88D of the Principal Act the following Division is inserted:



"Division 5A-Disputes relating to Boycotts Application of Division

"88DA. This Division applies in relation to a dispute relating to a
contravention, or a threatened, impending or probable contravention, of
section 45D, or of section 45E, of the Trade Practices Act 1974, being a
dispute-

   (a)  that relates, or may relate, to work done or to be done under an
        award; or

   (b)  in which an organization of employees registered pursuant to this Act,
        or a member or officer of such an organization, is involved.
        Notification of disputes

"88DB. (1) Where a person applies under section 80 of the Trade Practices  Act
1974 to the Federal Court of Australia for an injunction restraining another
person from engaging in conduct that constitutes or would constitute-

   (a)  a contravention of a provision of section 45D, or of section 45E, of
        that Act;

   (b)  attempting to contravene such a provision;

   (c)  aiding, abetting, counselling or procuring a person to contravene such
        a provision;

   (d)  inducing, or attempting to induce, a person, whether by threats,
        promises or otherwise, to contravene such a provision;

   (e)  being in any way, directly or indirectly, knowingly concerned in, or
        party to, the contravention by a person of such a provision; or

   (f)  conspiring with others to contravene such a provision, either the
        first-mentioned person or the second-mentioned person may notify the
        President or the Registrar accordingly.



"(2) Where a Minister becomes aware of the existence of a dispute that is or
may be a dispute in relation to which this Division applies, that Minister may
notify the President or the Registrar accordingly.



"(3) Where a dispute is notified to the Registrar under this section, he shall
inform the President accordingly.



"(4) Section 25 does not apply in relation to disputes in relation to which
this Division applies. Powers of Commission

"88DC. (1) Subject to this Division, where-

   (a)  the Commission is notified pursuant to sub-section (1) of section 88DB
        of the making of an application to the Federal Court of Australia for
        an injunction restraining a person from engaging in conduct referred
        to in that sub-section, being conduct in relation to which there is a
        dispute in relation to which this Division applies;

   (b)  a Minister notifies the President or the Registrar pursuant to
        sub-section (2) of section 88DB of the existence of a dispute in
        relation to which this Division applies; or

   (c)  the President otherwise becomes aware of the existence of a dispute in
        relation to which this Division applies, the Commission is empowered
        to settle that dispute by conciliation.



"(2) The Australian Conciliation and Arbitration Commission is not empowered
to settle a dispute by conciliation under sub-section (1) where the dispute
relates to a contravention, or a threatened, impending or probable
contravention, of section 45D or 45E of the Trade Practices Act 1974 in
respect of which a proceeding is pending before the Federal Court of
Australia, being a proceeding to which the Minister administering Part IV of
that Act or the Trade Practices Commission is a party, unless that Minister or
the Trade Practices Commission, as the case may be, notifies the Australian
Conciliation and Arbitration Commission that he or it consents to the
Australian Conciliation and Arbitration Commission exercising powers under
sub-section (1) in relation to that dispute.



"(3) Where the Commission is empowered under sub-section (1) to settle by
conciliation a dispute in relation to which this Division applies, the
Commission shall not exercise any powers under any other Division in relation
to that dispute or any part of that dispute except powers under Division 1 as
that Division applies by virtue of section 88DF. Exercise of powers

"88DD. (1) Where the Commission is empowered to settle by conciliation a
particular dispute in relation to which this Division applies, the President
shall refer the dispute for conciliation by himself or by another Presidential
Member of the Commission.



"(2) A reference in this Division, and in Division 1 as that Division applies
by virtue of section 88DF, to the relevant Presidential Member, in relation to
a dispute in relation to which this Division applies, is a reference-

   (a)  if the powers of the Commission in respect of that dispute are being
        exercised by the President-to the President; or

   (b)  in any other case-to the Presidential Member to whom the dispute has
        been referred under sub-section (1). Parties

"88DE. (1) The parties to a proceeding before the Commission or a member of
the Commission in relation to a dispute in relation to which this Division
applies are-

   (a)  any organization of employees in connection with the employment of any
        of whose members the dispute has arisen;

   (b)  employers of such employees;

   (c)  organizations of which any such employers are members;

   (d)  if the dispute relates to conduct in relation to the supply of goods
        or services to, or the acquisition of goods or services from, a person
        (in this Division referred to as an 'affected person') and that person
        is not already a party-that person;

   (e)  any Minister who notifies the Commission that he wishes to become a
        party; and

   (f)  such other persons as the Commission, by order, specifies.



"(2) Nothing in sub-section (1) affects the operation of section 36 or limits
the power of the Commission to grant leave to a person or organization to
intervene in any dispute before the Commission or a member of the Commission
under this Division.



"(3) The Registrar shall give notice of a proceeding before the Commission or
a member of the Commission in relation to a dispute in relation to which this
Division applies to such persons as the relevant Presidential Member directs,
and, in any event, to every person who is an affected person in relation to
the proceeding and every other person who is a party to the proceeding by
virtue of paragraph (e) or (f) of sub-section (1). Application of Division 1

"88DF. (1) Subject to this Division, Division 1 (other than the provisions of
that Division that relate to arbitration or to the making of awards or the
certifying of agreements) extends to and in relation to the powers and
functions of the Commission under this Division and to and in relation to
proceedings before the Commission or a member of the Commission in relation to
a dispute in relation to which this Division applies.



"(2) In the application of Division 1 in accordance with sub-section (1)-

   (a)  references to industrial disputes shall be read as references to
        disputes in relation to which this Division applies; and

   (b)  references to the parties to an industrial dispute shall be read as
        references to the parties to a proceeding before the Commission or a
        member of the Commission in relation to a dispute in relation to which
        this Division applies. Trade Practices Act not affected

"88DG. Nothing in this Division affects the operation of the Trade Practices 
Act 1974 . Interpretation

"88DH. Expressions used in this Division that are used in the Trade  Practices
Act 1974 have in this Division, unless the contrary intention appears, the
same respective meanings as those expressions have in that Act.".
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