Commonwealth Conciliation and Arbitration Act 1909

Overview

The Commonwealth Conciliation and Arbitration Act 1909, enacted by the Parliament of Australia, serves as an amendment to the Commonwealth Conciliation and Arbitration Act 1904. This legislative update was introduced to address issues surrounding the protection of employees and employers involved in industrial organizations and associations seeking registration or benefits from industrial agreements or awards. The Act aims to ensure that neither party faces dismissal or cessation of work solely due to their association with such organizations, thereby reinforcing fair treatment in industrial relations. The policy objective is to maintain a balanced approach in industrial disputes, providing procedural clarity and protection to both employees and employers while upholding the authority of the Court in matters of contempt.

Scope and Application

The Commonwealth Conciliation and Arbitration Act 1909 applies to employers and employees within the Commonwealth of Australia, specifically addressing the rights of employees who are officers or members of organisations or associations that have applied for registration or are entitled to industrial agreements or awards. It is designed to prevent employers from dismissing or otherwise injuring employees for their involvement in such organisations, and to prevent employees from ceasing work due to their employer's involvement in such groups. The Act also outlines penalties for contraventions, with a requirement for leave from the President or the Registrar to institute proceedings. The Act is applicable nationally, covering all industries and conduct related to employment within the Commonwealth. However, the Act extends its application through subordinate instruments such as rules made by the President for regulating the practice and procedure of the Court and prescribing the duties of officers of the Court, subject to the approval of the Governor-General and subject to disallowance by either House of the Parliament.

Key Provisions

The Commonwealth Conciliation and Arbitration Act 1909 makes several significant amendments to the Commonwealth Conciliation and Arbitration Act 1904. Section 9 of the Act (formerly section 9 of the Principal Act) prohibits employers from dismissing or injuring employees on account of their membership in an organisation or association that has applied for registration or is entitled to the benefit of an industrial agreement or award (s 9(1)). This provision imposes a penalty of twenty pounds for any contravention (s 9(1)). It also specifies that no proceeding for any contravention of this section can be instituted without the leave of the President or the Registrar (s 9(2)). Furthermore, in any such proceeding, the onus is on the employer to prove that the dismissal or injury occurred for reasons other than those mentioned in this section (s 9(3)). Section 10 of the Act (formerly section 10 of the Principal Act) prohibits employees from ceasing work on account of their employer being an officer or member of an organisation or association that has applied for registration or is entitled to the benefit of an industrial agreement or award (s 10(1)). It imposes a penalty of ten pounds for any contravention (s 10(1)) and similarly requires the leave of the President or the Registrar to institute any proceeding (s 10(2)). In any proceeding for a contravention of this section, the onus is on the employee to show that they ceased work for reasons other than those mentioned in this section (s 10(3)). Section 43 of the Principal Act is repealed and replaced with new provisions allowing the President to make rules regulating the practice and procedure of the Court and prescribing the duties of various Court officers, subject to certain conditions and parliamentary oversight (s 43). The Act also amends sections 59 and 83 of the Principal Act. Section 59 now requires the President to refer an application to arbitration unless he thinks it undesirable to do so, changing from a discretionary to a mandatory requirement in certain circumstances (s 59). Section 83 is amended to clarify that it does not limit the Court's power to punish for contempt (s 83(2)). Any breaches of these provisions can lead to significant penalties. For instance, the penalties under sections 9 and 10 are twenty pounds and ten pounds, respectively, for contraventions. Failure to comply with the rules made under section 43 could also result in penalties, though the specific penalties are not detailed in the text provided. Additionally, any misuse of the Court's authority to punish for contempt, if it contravenes the amended section 83, could result in appropriate judicial sanctions.