Commonwealth Consolidated Acts

BUILDING INDUSTRY ACT 1985 - SECT 8

  (1)   Where the Commission makes a declaration under section   4 or under subsection   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 subsection   ( 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 subsection   ( 1), any award that would, but for this subsection, 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 subsection   ( 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.