Commonwealth Conciliation and Arbitration Act 1911

Overview

The Commonwealth Conciliation and Arbitration Act 1911 was enacted to amend the Commonwealth Conciliation and Arbitration Act 1904–1910 and address various issues related to industrial disputes and the arbitration process in Australia. The Act was passed by the Australian Parliament with the assent of the King. Its primary objective was to refine the legal framework for handling industrial disputes by broadening the scope of industrial disputes to include those beyond traditional employer-employee relationships, and by enhancing the powers and scope of the Conciliation and Arbitration Commission. This included adjustments to the definitions of "industrial dispute" and "industry," expanding the range of penalties for breaches of the Act, and increasing the duration of industrial agreements to five years. The Act also provided the Conciliation and Arbitration Commission with additional powers to manage disputes more effectively, including the ability to award costs and to refrain from hearing certain parts of a dispute.

Scope and Application

The Commonwealth Conciliation and Arbitration Act 1911 amends the Commonwealth Conciliation and Arbitration Act 1904–1910 to introduce changes that affect the scope and operation of industrial relations processes in Australia. The Act applies to all employers and employees engaged in any business, trade, manufacture, undertaking, or calling, as well as any calling, service, employment, handicraft, or industrial occupation or avocation, on land or water. This broad definition ensures that the Act's provisions encompass a wide range of industries and occupations across the Commonwealth. The amendments also extend to organizations that were registered under the Principal Act before the commencement of this Act, deeming such registrations as valid. The Act allows for compulsory conferences to include not only those engaged in an industrial dispute but also any person whose presence is deemed likely to assist in the prevention or settlement of such disputes, thereby expanding the scope of who can participate in conciliation and arbitration processes. Additionally, the Act increases the penalties for certain offences, such as prejudicing employees for membership of an organization, and provides the Court or President with the authority to award costs in applications, while explicitly disallowing costs for the services of counsel, solicitor, or agent.

Key Provisions

• The Commonwealth Conciliation and Arbitration Act 1911 (C1911A00006) amends the Commonwealth Conciliation and Arbitration Act 1904–1910, providing several key updates and clarifications. The Act modifies the definition of "Industrial dispute" (Section 2), removing the restriction that disputes must arise between an employer or organization of employers and an organization of employees. It also redefines "Industry" (Section 3) to include any business, trade, manufacture, undertaking, or calling of employers, as well as any calling, service, employment, handicraft, or industrial occupation of employees. The Act ensures that any organization registered under the Principal Act before the commencement of this Act remains valid (Section 4). It prohibits lock-outs or strikes after an industrial agreement has been made (Section 5) and amends penalties for prejudicing employees for membership of an organization (Section 6), as well as for ceasing work due to an employer's membership in an organization (Section 7). The compulsory conference provisions are expanded to include a broader range of participants (Section 8), and the Court or President is granted the power to award costs (Section 9). The Act also provides for cognizance of disputes (Section 10), the issuance of certificates by the Registrar (Section 11), and the making of awards in the default of an agreement (Section 12). Furthermore, it modifies the exercise of powers under the Act (Section 13), protects awards and orders from being challenged (Section 14), and allows for refraining from hearing a matter or part of a matter (Section 15). The Act also clarifies that relief is not limited to demands made in the course of the dispute (Section 16) and modifies the Board of Reference provisions (Section 17). It allows organizations to change their names under prescribed conditions (Section 19) and amends the process for the cancellation of registration (Section 20). Additionally, it updates the term of industrial agreements from three to five years (Section 23).
• The Act imposes various obligations and requirements on the parties and entities it governs. It mandates the inclusion of a broader range of participants in compulsory conferences and the registration of organizations before engaging in certain activities. It also requires adherence to the terms of any industrial agreements and compliance with the updated definitions and provisions. Organizations must comply with the conditions for changing their names and be aware of the implications of their registration status. The Act further requires the Registrar to issue certificates of specified industrial disputes and mandates the Court or President to award costs in appropriate cases.
• The Act outlines several offences and penalties for breaches of its provisions. For instance, prejudicing employees for membership of an organization carries a penalty of Fifty Pounds (Section 6), while ceasing work on account of an employer’s membership of an organization carries a penalty of Twenty-five Pounds (Section 7). Failure to comply with the Act's requirements or engage in prohibited activities may result in legal consequences, including the cancellation of registration (Section 20) and other penalties as deemed appropriate by the Court or President.

Legal classification tags

Area of Law

Employment & Labour Law

Instrument

Act

Concepts

Definitions & Interpretation

Repeal & Amendment

Offence Provisions

Compulsory conference

Power to award costs

Relief not limited to demands made in course of dispute