Application to Commission for declaration in relation to Federation
16 Application to Commission for declaration in relation to Federation
The Minister may apply to the Commission for a declaration under this section.
Upon such an application, if the Commission is satisfied that the conduct of the Federation (whether in respect of its continued breach or non-observance of any award or of an order by the Authority in force under the Stevedoring Industry Act 1956-1965 or its continued failure to ensure that its members comply with and observe such an award or order or in any other respect), or the conduct of a substantial number of the members of the Federation (whether in respect of their continued breach or non-observance of such an award or order or in any other respect), has:
prevented or hindered the achievement of an object of the Conciliation and Arbitration Act 1904-1965; or
prevented, hindered or interfered with the carriage of goods or the conveyance of passengers:
in the course of trade or commerce with other countries or among the States;
in the course of trade or commerce between a State and a Territory; or
in a Territory, the Commission shall make a declaration to that effect.
If the Commission is not so satisfied, the Commission shall not make the declaration.
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