ARBITRATION (PUBLIC SERVICE).
No. 11 of 1911.
An Act relating to the Commonwealth Court of Conciliation and Arbitration and the Public Service of the Commonwealth.
[Assented to 18th December, 1911.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Arbitration (Public Service) Act 1911.
Definitions.
2. In this Act—
“Organization” means an organization within the meaning of the Commonwealth Conciliation and Arbitration Act 1904–1911:
“The Court” means the Commonwealth Court of Conciliation and Arbitration:
“The Public Service of the Commonwealth” includes the Public Service of the Northern Territory and of the Territory of the seat of Government, and the service of any public institution or authority of the Commonwealth, and includes all persons employed in any such service in any capacity, whether permanently or temporarily, and whether under the Commonwealth Public Service Act 1902–1909 or not, but does not include persons employed in the Naval or Military Forces only.
Employees in Public Service deemed employees in industry.
3. Employees in the Public Service of the Commonwealth, or any division, class, grade, or branch thereof, or in any calling, service, handicraft, occupation, or avocation in the Public Service of the Commonwealth, or any division, class, grade, or branch thereof, shall be deemed to be employees in an industry within the meaning of the Commonwealth Conciliation and Arbitration Act 1904–1911.
Organization of less than 100 employees.
4. An association of less than one hundred employees in an industry in the Public Service of the Commonwealth may be registered under the Commonwealth Conciliation and Arbitration Act 1904–1911 as an organization if its membership comprises at least three-fifths of all the persons who are employees in that industry in the Public Service of the Commonwealth.
Jurisdiction of Court as to claims by organization of Commonwealth employees.
5. An organization of employees in the Public Service of the Commonwealth shall be entitled to submit to the Court by plaint any claim relating to the salaries, wages, rates of pay, or terms or conditions of service or employment of members of the organization, and the Court shall thereupon have cognizance of the claim as if it were an industrial dispute within the meaning of the Commonwealth Conciliation and Arbitration Act 1904–1911.
(2.) The Public Service Commissioner and the Minister of any Department of State affected by the claim shall be entitled to be represented before the Court, either jointly or separately, in the hearing and determination of the claim.
Power of Court.
6. The Court shall, as regards any claim of which it has cognizance under this Act, have power—
(a) to hear and determine the claim;
(b) to make any order or award or give any direction in pursuance of the hearing or determination;
(c) to fix maximum penalties, not exceeding Ten pounds,…
Overview
The Arbitration (Public Service) Act 1911 was enacted by the Parliament of the Commonwealth of Australia to address issues related to the Commonwealth Court of Conciliation and Arbitration and the Public Service of the Commonwealth. The Act aimed to provide a framework for the resolution of industrial disputes within the public service by deeming employees in the Public Service of the Commonwealth to be employees in an industry for the purposes of the Commonwealth Conciliation and Arbitration Act 1904–1911. It granted associations of less than one hundred employees the ability to be registered as an organisation under the aforementioned act if their membership comprised at least three-fifths of all the employees in that industry in the Public Service of the Commonwealth. The policy objective of the Act was to ensure fair and efficient resolution of disputes related to the salaries, wages, rates of pay, and terms or conditions of service or employment of public service employees by providing them with a mechanism to submit claims to the Court, which would then have the power to hear and determine such claims and make awards or orders accordingly.
Scope and Application
The Arbitration (Public Service) Act 1911 applies to employees in the Public Service of the Commonwealth, which includes the Public Service of the Northern Territory and the seat of Government, and all persons employed in such services, excluding those in the Naval or Military Forces. This Act pertains to the Commonwealth Court of Conciliation and Arbitration and establishes the jurisdictional reach of the Court for claims relating to salaries, wages, rates of pay, and terms or conditions of service or employment of members of registered organisations within the Public Service. The Act also specifies that associations of less than one hundred employees can be registered if they represent at least three-fifths of all employees in that industry. The Court has broad powers to hear, determine, and make orders or awards on claims, including the ability to fix penalties for breaches of awards or orders. The Act further stipulates that awards and orders must be complied with by the Public Service Commissioner, Department Heads, Chief Officers, and all Commonwealth Public Service employees. The Court’s powers can be exercised on its own motion or upon application by a claimant organisation, a Minister, or the Public Service Commissioner. Notably, awards made under this Act cannot be challenged in any other court, and they do not permit costs or the use of counsel or solicitors in proceedings. Additionally, the Act outlines the classification and remuneration for the office of Industrial Registrar within the Administrative Division of the Public Service.
Key Provisions
- The Arbitration (Public Service) Act 1911 primarily establishes the framework for arbitration and the resolution of industrial disputes within the Public Service of the Commonwealth. Section 3 deems employees in the Public Service of the Commonwealth to be employees in an industry, allowing them to be covered under the Commonwealth Conciliation and Arbitration Act 1904-1911. Section 4 provides that associations with at least three-fifths of the employees in an industry within the Public Service may be registered if they have less than one hundred employees. Section 5 grants organisations of Commonwealth employees the right to submit claims to the Court regarding salaries, wages, rates of pay, or terms and conditions of employment, which the Court can then hear and determine as if they were industrial disputes. The Public Service Commissioner and relevant Minister have the right to be represented before the Court in such claims, as outlined in Section 5(2).
- Under this Act, the Commonwealth Court of Conciliation and Arbitration is vested with extensive powers to hear and determine claims, make orders or awards, and give directions as necessary (Section 6). The Court can refer claims or matters for investigation, report, or hearing and determination to authorised persons, with the ability to delegate its powers to them (Section 7). The Public Service Commissioner, Department Heads, and all Commonwealth public service personnel are required to comply with any Court awards or orders (Section 8). The Court can exercise its powers on its own motion or at the request of a claimant organisation, Minister, or the Public Service Commissioner (Section 9). Awards can include matters beyond the specific claims made, if deemed necessary by the Court (Section 10). There are no costs allowed in proceedings under this Act, and neither counsel nor solicitors can be employed (Sections 11 and 12). Awards made under this Act cannot be challenged, appealed against, or questioned in any other Court (Section 13).
- The Act also stipulates that every award must be laid before both Houses of the Parliament, and it cannot come into operation until at least thirty days after being laid before Parliament (Section 14). Awards must be in accord with Commonwealth laws and regulations, though the Court can make awards that do not align with certain laws or regulations if it deems it proper, subject to potential disallowance by Parliament (Sections 15 and 16). The Act classifies the office of Industrial Registrar under the Commonwealth Conciliation and Arbitration Act, setting a salary range and annual increments (Section 16). Finally, the Governor-General is empowered to make regulations necessary for the implementation of this Act, provided they are not inconsistent with it (Section 17).
- Area of Law
- Employment & Labour Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Compliance Obligations
- Enforcement Powers
