Conciliation and Arbitration Act 1973
No. 138 of 1973
AN ACT
To amend the Conciliation and Arbitration Act 1904-1972.
[Assented to 13 November 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Conciliation and Arbitration Act 1973.
(2) The Conciliation and Arbitration Act 1904-1972 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 1904-1973.
Commencement
2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 11 shall be deemed to have come into operation on 2 June 1972.
Objects of Act.
3. Section 2 of the Principal Act is amended—
(a) by inserting in paragraph (b), after the word “encourage”, the words “, and provide means for,”;
(b) by omitting from paragraph (d) the words “in settlement of industrial disputes: and” and substituting the words “for the prevention or settlement of industrial disputes;”; and
(c) by adding at the end thereof the following word and paragraph:—
“; and (f) to encourage the democratic control of organizations so registered and the full participation by members of such an organization in the affairs of the organization.”,
Parts.
4. Section 3 of the Principal Act is amended—
(a) by omitting the words “Commonwealth Conciliation and Arbitration. Commission.” and substituting the words “Australian Conciliation and Arbitration Commission”;
(b) by omitting the words—
“Part IV—The Commonwealth Court of Conciliation and Arbitration (Sections 89-97).”; and
(c) by omitting the words “Commonwealth Industrial Court” and substituting the words “Australian Industrial Court”.
Interpretation.
5. Section 4 of the Principal Act is amended—
(a) by omitting from sub-section (1) the definitions of “Arbitration Commissioner” and “Conciliation Commissioner”;
(b) by omitting paragraph (o) of the definition of “Industrial matters” in sub-section (I);
(c) by omitting from the definition of “Inquiry” in sub-section (1) the words “Part IX of this Act” and substituting the words “Part VIIIa or Part IX”;
(d) by omitting from sub-section (1) the definition of “inspector” and substituting the following definition:—
“‘Inspector’ means—
(a) a person in respect of whom an appointment in accordance with sub-section (2) of section 125 is in force;
(b) a person who is an Inspector for the purposes of this Act in accordance with sub-section (2a) of section 125; or
(c) an officer of the Public Service of a State to whom an arrangement referred to in sub-section (3) of section 125 is applicable;”;
(e) by omitting…
Overview
The Conciliation and Arbitration Act 1973 was enacted to amend the Conciliation and Arbitration Act 1904-1972. This legislation was introduced to address gaps and issues in the existing framework for conciliation and arbitration in industrial relations. The Act was passed by the Australian Parliament, aiming to improve the processes and provisions for resolving industrial disputes, ensuring fair and effective representation for both employers and employees. Key changes include renaming the Commonwealth Conciliation and Arbitration Commission to the Australian Conciliation and Arbitration Commission and updating the roles and responsibilities of its members. The Act also introduced provisions for the registration of organizations, including new rules for elections and the conduct of secret ballots, to enhance democratic control and participation within these organizations.
Scope and Application
The Conciliation and Arbitration Act 1973 applies to industrial relations matters in Australia, affecting employers, employees, and their respective organisations. It operates on a Commonwealth level and extends to territories under Australian jurisdiction. The Act does not explicitly outline exclusions, but it is generally targeted at disputes and conduct within the industrial sphere. Its application can be extended through subordinate instruments, such as regulations and awards, which provide further detail and specific application of the Act's provisions. The Act amends the Conciliation and Arbitration Act 1904-1972, updating terminology, roles, and processes within the industrial relations framework, such as renaming the Commonwealth Conciliation and Arbitration Commission to the Australian Conciliation and Arbitration Commission and adjusting the composition and powers of the Commission and the Australian Industrial Court. Additionally, it modifies the criteria for the registration of employee organisations and sets out new rules for elections and ballots within these organisations.
Key Provisions
- The Conciliation and Arbitration Act 1973 (C1973A00138) introduces several key changes to the Conciliation and Arbitration Act 1904-1972, referred to in the Act as the Principal Act. The main operative sections include amendments to the objects of the Act, renaming the Commonwealth Conciliation and Arbitration Commission to the Australian Conciliation and Arbitration Commission, and making various changes to the powers and procedures of the Commission and Court. For example, section 22 of the Principal Act is amended to specify that a single member of the Commission is generally responsible for exercising its powers, with certain restrictions on a member's involvement in arbitration proceedings if they have already been involved in conciliation for the same dispute (section 22(2)).
- The Act imposes several obligations on parties and entities it governs, including requirements for the registration of organizations and the conduct of elections within those organizations. For instance, section 133 of the Principal Act, as amended, stipulates that the rules of an association or organization must provide for the election of office holders by secret ballot, with certain procedural safeguards (section 133(1)). Furthermore, section 143 of the Principal Act outlines circumstances under which the registration of an organization may be cancelled, such as when the organization ceases to be effectively representative of its employee members (section 143(1)(aa)).
- Offences, penalties, or civil/criminal consequences for breach are also addressed in the Act. For example, section 169b of the Principal Act provides that if a candidate dies before the close of a ballot in an election for an office within an organization, the election shall be discontinued and a new election held. Additionally, section 123 of the Principal Act, as amended, allows an employee to sue for unpaid wages within six years of the payment becoming due under an award, with certain limitations on the period for claims that accrued before the Act's commencement (section 123(2)). Penalties for obstructing inspectors in the performance of their duties are set out in section 27(3) of the Principal Act, with a penalty of up to one hundred dollars.
- Area of Law
- Employment & Labour Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Enforcement Powers
- Licensing & Registration
- Reporting & Disclosure Obligations
- Civil Penalty Provisions