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Thursday, 20 April 1972
Page: 1318

Senator COTTON (New South WalesMinister for Civil Aviation) - It is proposed to amend section 15a of the principal Act by omitting subsection (4.). The proposed new paragraph (b) will read:

.   . a Minister by whom the application was made or who is affected by the claim, application or matter;

The general note which I have here may help Senator Bishop and the rest' of us. Clause 5 amends section 15a of the principal Act which deals with references of matters before the Arbitrator to a full bench of the Commonwealth Conciliation and Arbitration Commission. This is a similar provision to that contained in section 34 of the Commonwealth Conciliation and Arbitration Act which enables parties to seek that a matter be dealt with by a full bench rather than by a single commissioner on the grounds of its importance in the public interest. The amendments which are proposed are for the most part consequential amendments arising from industrial situation provisions dealt with earlier. In effect, they provide that an application for a reference can be made in relation to a matter before the Arbitrator under the new provisions - for example, an industrial situation - in the same way as can a matter before the Arbitrator in respect of a claim or application under the normal provisions. They extend the power to seek a reference to an organisation which is affected by a claim. I have asked the question and the term 'organisation' means without any doubt a union. Previously, an organisation could seek a reference only if it was an applicant and not a respondent. This provision was discriminatory against organisations which, I again repeat, I have been informed include unions. The new provision corrects that anomaly.

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