COMMONWEALTH CONCILIATION AND ARBITRATION.
No. 35 of 1915.
An Act to amend the Commonwealth Conciliation and Arbitration Act 1904-1914.
[Assented to 13th September, 1915.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Commonwealth Conciliation and Arbitration Act 1915.
(2.) The Commonwealth Conciliation and Arbitration Act 1904-1914 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Conciliation and Arbitration Act 1904-1915.
Amendment of s. 55.
2. Sub-section (1.) of section fifty-five of the Principal Act is amended by adding, at the end of paragraph (b)thereof, the following paragraph:—
“and (c) Any association of not less than one hundred employees engaged in any industrial pursuit or pursuits whatever, together with such other persons, whether employees engaged in any industrial pursuit or pursuits or not, as have been appointed officers of the association and admitted as members thereof.”
Validation of registration of associations registered before commencement of this Act.
3. Every association—
(a) registered, before the commencement of this Act, as an organization under the Commonwealth Conciliation and Arbitration Act 1904, or under that Act as amended by any subsequent Act; and
(b) constituted (either originally or by any change of constitution or alteration of rules) in accordance with the provisions of the Commonwealth Conciliation and Arbitration Act 1904, or of that Act as amended by any or all of the following Acts, namely:—The Commonwealth Conciliation and Arbitration Act 1909, the Commonwealth Conciliation and Arbitration Act 1910, the Commonwealth Conciliation and Arbitration Act 1911, the Commonwealth Conciliation and Arbitration Act 1914, the Commonwealth Conciliation and Arbitration Act (No. 2) 1914, and this Act,
shall be deemed to have been validly constituted as from the date of such registration, and the registration shall be deemed to have constituted the association an organization as effectively as if this Act had been in force at the date of such registration.
Overview
The Commonwealth Conciliation and Arbitration Act 1915 was enacted to amend the Commonwealth Conciliation and Arbitration Act 1904-1914. The Act was assented to on 13th September, 1915, by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary purpose of this legislation was to address certain gaps in the existing framework for industrial disputes by modifying the registration requirements for trade unions and associations under the Principal Act. The policy objective was to ensure broader inclusivity and effective representation of employees in the conciliation and arbitration process by expanding the criteria for the registration of associations.
The Act introduced an amendment to section 55 of the Principal Act, adding a new category of associations eligible for registration. Specifically, it allowed for the registration of any association with at least one hundred employees engaged in any industrial pursuit, along with other persons appointed as officers and admitted as members of the association. Additionally, the Act validated the registration of associations that were registered under the previous acts but constituted in accordance with the provisions of the amended legislation. This validation ensured that these associations were considered validly constituted as if the amendments had been in force from the date of their original registration.
Scope and Application
The Commonwealth Conciliation and Arbitration Act 1915 applies to any association of not less than one hundred employees engaged in any industrial pursuit, including those employees and any other individuals appointed as officers and admitted as members of the association. The Act extends to all existing and future associations registered under the Commonwealth Conciliation and Arbitration Act 1904 or any subsequent amendments, validating their registration as from the date of their initial registration if they were constituted in accordance with the provisions of the Principal Act or any of the amending Acts. This Act, therefore, has a broad application to a variety of industrial associations across multiple industries. The jurisdictional reach of the Act is federal, applying throughout the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds within the Act itself; however, the application and interpretation of its provisions may be further defined through subordinate instruments or case law.
Key Provisions
The Commonwealth Conciliation and Arbitration Act 1915 (sections 1 to 3) amends the Commonwealth Conciliation and Arbitration Act 1904-1914 to expand the types of associations eligible for registration. Specifically, section 2 introduces a new sub-section (1.c) to section 55 of the Principal Act, allowing any association comprising at least one hundred employees engaged in any industrial pursuit, along with any appointed officers and members, to be registered. This expansion aims to provide broader representation for workers' interests in industrial disputes.
The Act imposes several obligations on the parties involved. Section 3 ensures that any associations registered under previous iterations of the Commonwealth Conciliation and Arbitration Act, and which adhere to the statutory provisions of those Acts, are validated as effectively constituted from the date of their registration. This provision aims to maintain continuity and legitimacy for existing associations that meet the criteria.
Failure to comply with the provisions of the Act could result in significant consequences. While the Act does not explicitly detail offences, penalties, or specific consequences for breach, it is reasonable to infer that non-compliance with the registration and constitutional requirements could lead to the association being deemed invalid. This could, in turn, affect the association's ability to participate in conciliation and arbitration processes, potentially leaving its members without representation in industrial disputes. Additionally, any legal actions taken by or against an improperly constituted association could be challenged on the grounds of invalid registration.