Commonwealth Conciliation and Arbitration Act 1904

Legislation au C1904A00013 Not in force Act

Legislation content

 

COMMONWEALTH CONCILIATION AND ARBITRATION.

 

 

No. 13 of 1904.

An Act relating to Conciliation and Arbitration for the Prevention and Settlement of Industrial Disputes extending beyond the Limits of any one State.

[Assented to 15th December, 1904.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—

PART I.—INTRODUCTORY.

Short title.

1. This Act may be cited as the Commonwealth Conciliation and Arbitration Act 1904.

Objects of Act.

2. The chief objects of this Act are—

I.  To prevent lock-outs and strikes in relation to industrial disputes;

II.  To constitute a Commonwealth Court of Conciliation and Arbitration having jurisdiction for the prevention and settlement of industrial disputes;

III.  To provide for the exercise of the jurisdiction of the Court by conciliation with a view to amicable agreement between the parties;

IV.  In default of amicable agreement between the parties, to provide for the exercise of the jurisdiction of the Court by equitable award;

V.  To enable States to refer industrial disputes to the Court, and to permit the working of the Court and of State Industrial Authorities in aid of each other;


VI.  To facilitate and encourage the organization of representative bodies of employers and of employees and the submission of industrial disputes to the Court by organizations, and to permit representative bodies of employers and of employees to be declared organizations for the purposes of this Act;

VII.  To provide for the making and enforcement of industrial agreements between employers and employees in relation to industrial disputes.

Parts.

3. This Act is divided into Parts as follows :—

Part I.— Introductory.

Part II.— Prohibition of Lock-outs and Strikes in relation to Industrial Disputes.

Part III.—The Commonwealth Court of Conciliation and Arbitration.

Division 1.—The Constitution of the Court.

Division 2.—The Jurisdiction of the President and of the Court.

Division 3.—Cognizance of Disputes and Ordinary Procedure.

Division 4.—Special Powers of the Court and the President.

Part IV.—The Enforcement of Orders and Awards.

Part V.— Organizations.

Part VI.—Industrial Agreements.

Part VII.—Miscellaneous.

Interpretation.

4. In this Act, except where otherwise clearly intended—

“Association” means any trade or other union, or branch of any union, or any association or body composed of or representative of employers or employees, or for furthering or protecting the interests of employers or employees;

“Employer” means any employer in any industry;

“Employee” means any employee in any industry;

“Industrial Agreement” means an industrial agreement made pursuant to this Act;

“Industrial dispute” means a dispute in relation to industrial matters—

N.S.W. 1901, No. 59, s. 2.

N.Z. 1900, No. 51 s 2.

W.A., 64 Vict., No. 20, s. 2.

S.A. 1894, No. 598, s. 3.

(a) arising between an employer or an organization of employers on the one part and an organization of employees on the other…

Overview

The Commonwealth Conciliation and Arbitration Act 1904 was enacted by the Australian Parliament to address the problem of industrial disputes that extended beyond the jurisdiction of a single state. The Act aimed to prevent lock-outs and strikes, and to establish a Commonwealth Court of Conciliation and Arbitration for the prevention and settlement of such disputes. It provided for the conciliation and arbitration of disputes by the Court, and facilitated the organization of employers and employees to submit disputes to the Court. The primary policy objective was to create a federal framework for resolving industrial disputes, thereby minimising disruptions caused by strikes and lock-outs and promoting industrial harmony. The Act established the Commonwealth Court of Conciliation and Arbitration, which was tasked with resolving industrial disputes through conciliation or arbitration, and also provided mechanisms for the enforcement of awards and agreements.

Scope and Application

The Commonwealth Conciliation and Arbitration Act 1904 applies to employers and employees in industries across Australia, with a particular focus on disputes that extend beyond the boundaries of a single state. It does not cover agricultural, viticultural, horticultural, or dairying pursuits. The Act establishes the Commonwealth Court of Conciliation and Arbitration to handle industrial disputes, aiming to prevent and settle them through conciliation and arbitration. The Court has jurisdiction over industrial disputes referred to it by organizations or certified by the Registrar, and it can also act on requests from State Industrial Authorities. The Act prohibits lockouts and strikes related to industrial disputes, with specific provisions detailing the conduct of employers, employees, and organizations in such matters. Additionally, the Act facilitates the registration of organizations and the making of industrial agreements to prevent and settle disputes. It provides mechanisms for the enforcement of awards and agreements, including the imposition of penalties for non-compliance. The Act also includes provisions for the enforcement of awards, the conduct of hearings, and the powers of the Court in relation to conciliation and arbitration.

Key Provisions

  • The Commonwealth Conciliation and Arbitration Act 1904 sets out the framework for the prevention and settlement of industrial disputes in Australia. The Act establishes the Commonwealth Court of Conciliation and Arbitration, which has jurisdiction to prevent and settle industrial disputes, either by conciliation or by making an award. The Act prohibits lockouts and strikes in relation to industrial disputes, and imposes penalties for breaches of this prohibition. The Act also regulates the registration of organizations, which can be trade unions or employer associations, and provides for the making of industrial agreements between organizations.
  • The Act imposes obligations on employers and employees to offer and accept employment on the terms of an industrial agreement, and prohibits employers from dismissing employees for being members of an organization or entitled to the benefit of an industrial agreement or award. Similarly, the Act prohibits employees from ceasing to work on the same grounds. The Act also imposes obligations on organizations to represent their members and to submit industrial disputes to the Court for conciliation or arbitration.
  • The Act provides for the enforcement of awards and orders made by the Court, and sets out the penalties for breach of an award or order, including fines and imprisonment. The Act also provides for the enforcement of industrial agreements, and sets out the penalties for breach of an agreement.
  • The Act provides for the appointment of the President of the Court by the Governor-General from among the Justices of the High Court, and sets out the powers and functions of the President and the Court. The Act also provides for the making of rules regulating the practice and procedure of the Court, and sets out the penalties for contempt of the Court or for breaches of the rules.
  • The Act provides for the disclosure of trade secrets and other confidential information, and sets out the penalties for breaches of these provisions. The Act also provides for the making of regulations to give effect to the Act, and sets out the penalties for breaches of the regulations.

Legal classification tags

Area of Law
Employment & Labour Law
Industrial Relations
Instrument
Act
Concepts
Definitions & Interpretation
Prohibited Conduct
Regulatory Standards
Reporting & Disclosure Obligations
Offence Provisions
Industrial Agreements
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.