Conciliation and Arbitration Act 1972

Legislation au C1972A00037 Not in force Act

Legislation content

Conciliation and Arbitration

No. 37 of 1972

An Act relating to Conciliation and Arbitration.

[Assented to 2 June 1972]

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

Part I.—Preliminary.

Short title and citation.

1.—(1.) This Act may be cited as the Conciliation and Arbitration Act 1972.

(2.) The Conciliation and Arbitration Act 1904–1970 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Conciliation and Arbitration Act 1904–1972.

Commencement.

2.—(1.) The following provisions of this Act shall come into operation on the day on which this Act receives the Royal Assent, namely, Part I. and sections 6, 8, 9, 10, 11, 17, 21, 39, 40, 44, 46, 47, 48, 51, 53, 55, 56, 58, 59, 60, 61, 68 and 70.

(2.) Sections 41, 50 and 54 of this Act shall come into operation on such respective dates as are fixed by Proclamation.

(3.) Sections 52 and 69 of this Act shall be deemed to have come into operation on the twenty-sixth day of May, One thousand nine hundred and seventy-two.


(4.) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

Parts.

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

Part I.—Preliminary (Sections 1–3).

Part II.—Amendments of the Conciliation and Arbitration Act 1904–1970 (Sections 4–55).

Part III.—Transitional and Saving Provisions (Sections 56–70).

Part II.—Amendments of the Conciliation and Arbitration Act 1904–1970.

Parts.

4. Section 3 of the Principal Act is amended—

(a) by omitting the word and figures “Sections 6–21” and inserting in their stead the word and figures “Sections 6–17”;

(b) by omitting the word and figures “Sections 22–70” and inserting in their stead the word and figures “Sections 18–70”; and

(c) by inserting after the words—

“Part VIII.—Registered Organizations (Sections 132–158).”

the words—

“Part VIIIa.—Amalgamation of Organizations (Sections 158a–158u).”.

Interpretation.

5. Section 4 of the Principal Act is amended—

(a) by inserting in sub-section (1.), before the definition of “Association”, the following definition:—

“‘Arbitration Commissioner’ means a Commissioner who is designated as an Arbitration Commissioner in accordance with section six of this Act;”;

(b) by omitting from that sub-section the definitions of “Commissioner” and “Conciliator” and inserting in their stead the following definitions:—

“‘Commissioner’ means a Commissioner appointed under this Act;

‘Conciliation Commissioner’ means a Commissioner who is designated as a Conciliation Commissioner in accordance with section six of this Act;”;

Overview

The Conciliation and Arbitration Act 1972, enacted by the Australian Parliament, aimed to update and streamline the existing framework for conciliation and arbitration of industrial disputes. It replaced the Conciliation and Arbitration Act 1904–1970, which had become outdated and insufficient in addressing contemporary industrial relations issues. The new Act sought to enhance the efficiency and effectiveness of the conciliation and arbitration processes, ensuring that industrial disputes could be resolved in a fair, timely, and orderly manner. This was achieved through various amendments, including changes to the composition and powers of the Commission, the introduction of new procedures for handling disputes, and the establishment of clearer guidelines for the conduct of secret ballots and other industrial activities. The Act also introduced transitional provisions to ensure a smooth transition from the old legal framework to the new one, maintaining continuity in ongoing proceedings and protecting the rights of parties involved in existing disputes.

Scope and Application

The Conciliation and Arbitration Act 1972 applies to industrial disputes and industrial matters, aiming to prevent or settle these disputes through conciliation or arbitration. It applies to persons, entities, and industries involved in industrial activities within Australia. The Act does not explicitly state exclusions, but certain provisions, such as those relating to amalgamation of organizations, might implicitly exclude some entities or circumstances. The Act extends its application through subordinate instruments, such as regulations that may be made under the Act to provide further detail or specify particulars. The Act primarily applies to the Commonwealth jurisdiction, governing industrial relations across Australia.

Key Provisions

  • The Conciliation and Arbitration Act 1972 makes several key amendments to the Conciliation and Arbitration Act 1904–1970, updating and clarifying the provisions for the conciliation and arbitration of industrial disputes. The Act specifies the main operative sections and their requirements, including the establishment of a Commission with designated Conciliation and Arbitration Commissioners. It outlines the obligations of parties and entities governed by the Act, such as the requirement for organizations and employers to notify relevant authorities of industrial disputes. The Act also details the penalties and consequences for breaches, including fines and imprisonment, particularly in relation to interference with ballots and elections. For example, obstructing a ballot ordered by the Commission carries a penalty of up to five hundred dollars or six months imprisonment. The Act introduces transitional provisions to ensure continuity in ongoing proceedings and agreements, and it maintains certain rights and obligations for existing office holders and entities. These provisions ensure that the changes introduced by the Act do not disrupt existing legal frameworks and ongoing processes.

Legal classification tags

Area of Law
Industrial Relations Law
Labor Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Enforcement Powers
Regulatory Standards
Civil Penalty Provisions
Prohibited Conduct
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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.