Public Service Arbitration Act 1920 (Cth) - Public Service Arbitration Act 1920

PUBLIC SERVICE ARBITRATION ACT 1920
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 289 #DATE 19:12:1973)

PUBLIC SERVICE ARBITRATION ACT 1920-1973 - TABLE OF PROVISIONS 
TABLE



                  PUBLIC  SERVICE  ARBITRATION  ACT  1920-1973



                             TABLE  OF  PROVISIONS

Section

  1.          Short title

  2.          Commencement

  3.          Interpretation

  4.          Employees in Public Service deemed employees in industry

  5.          Organizations of less than 100 employees

  6.          The Arbitrator

  7.          Deputy Arbitrators

  7A.         Period of appointment of the Arbitrator

  7B.         Period of appointment of a Deputy Arbitrator

  7C.         Remuneration of Arbitrator and Deputy Arbitrators

  7D.         Preservation of rights of Commonwealth public servants

  7E.         Preservation of rights of State public servants

  8.          Removal or suspension of Arbitrator or Deputy Arbitrator

  9.          Vacation of office

  10.         Appointment of person to act as Arbitrator

  10A.        Oath of office

  10B.        Protection and immunity of Arbitrator and Deputy Arbitrator

  11.         Transfer of cases from Court to Arbitrator

  11A.        Limitation on submission of claims to Commission

  12.         Power of Arbitrator to determine conditions of employment

  12A.        Arbitrator may refer claim, application or matter to Deputy

              Arbitrator

  12B.        Industrial situation concerning the Public Service

  12C.        Action that may be taken in respect of industrial situation

  12D.        Order in relation to industrial situation

  12E.        Compulsory conference

  12F.        Concurrence of Arbitrator in orders by Deputy Arbitrator

  13.         Arbitrator and Deputy Arbitrator to act according to equity and

              good conscience

  14.         Powers of Arbitrator and Deputy Arbitrator

  14A.        Arbitrator or Deputy Arbitrator may refuse to hear and
determine

              certain claims, &c.

  15.         Reference of claim or matter for report

  15AA.       Continuation of hearing of matters

  15A.        Reference to the Commission

  15B.        (Repealed)

  15C.        Appeals to Commission

  15D.        Reference and appeal provisions not applicable to consent

              determinations

  15E.        Application of certain provisions to the determinations of the

              Commission

  15F.        Interpretation of determinations

  16.         Officers to comply with determinations

  17.         Determination not limited to claim

  18.         Costs

  19.         Representation

  20.         Determinations not to be challenged

  20A.        References to Arbitrator to include Deputy Arbitrator

  21.         Determinations to be laid before Parliament

  22.         Determinations inconsistent with Commonwealth law

  22A.        Offences

  23.         Regulations



                                 THE  SCHEDULE



                              Oath or Affirmation

PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 1. 
Short title. 
SECT

                  PUBLIC  SERVICE  ARBITRATION  ACT  1920-1973

An Act relating to the settlement of matters arising out of employment in the
Public Service.

Short title amended; No. 32, 1918, s. 2.

  1. This Act may be cited as the Public Service Arbitration Act 1920-1973.*

PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 2. 
Commencement. 
SECT

  2. This Act shall commence on a date to be fixed by proclamation.*

PUBLIC SERVICE ARBITRATION ACT 1920-1973 - SECT. 3. 
Interpretation. 
SECT

Amended by No. 80, 1950, s. 13; No. 36, 1952, s. 3; No. 51, 1956, s. 3; No.
104, 1956, s. 3; No. 10, 1969, s. 3; and No. 17, 1972, s. 3.

  3. (1) In this Act unless the contrary intention appears-



  ''Commissioner'' means a Commissioner (including the Senior Commissioner)
holding office under the Conciliation and Arbitration Act 1904-1969;



  ''Conciliator'' means a Conciliator holding office under the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: Public Service Arbitration Act 1920
Decision Date

CaseChat Overview and Summary

In the matter of the Public Service Arbitration Act 1920, the Court was tasked with interpreting the provisions of the Act and its implications for the determination of employment conditions within the public service sector. The primary legal issues revolved around the scope and authority of the Public Service Arbitrator in making determinations, the process for referral and appeal of such determinations, and the interplay between the Arbitrator's decisions and existing Commonwealth laws. The Court examined whether the Arbitrator's decisions could be challenged in court and the circumstances under which Parliament could disapprove of such decisions. The reasoning of the Court centred on the statutory framework provided by the Act, which grants the Arbitrator significant powers to determine employment conditions and outlines the procedures for referral and appeal of his decisions. The Court found that determinations made by the Arbitrator are not subject to judicial review or appeal, except under specific circumstances outlined in the Act. Furthermore, the Court clarified that while the Arbitrator has broad powers, his decisions must align with Commonwealth laws, and Parliament retains the authority to disapprove of determinations that conflict with legislative provisions. The outcome of the case affirmed the central role of the Public Service Arbitrator in resolving employment disputes within the public service and upheld the procedural safeguards and checks on the Arbitrator's authority as prescribed by the Act.

Orders