Commonwealth Conciliation and Arbitration Act 1926

Legislation au C1926A00022 Not in force Act

Legislation content

COMMONWEALTH CONCILIATION AND ARBITRATION.

 

No. 22 of 1926.

An Act to amend the Commonwealth Conciliation and Arbitration Act 1904–1921.

[Assented to 25th June, 1926.]

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 1926.

(2.) The Commonwealth Conciliation and Arbitration Act 1904–1921 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 1904–1926.

Commencement.

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

Construction of Principal Act.

3. The Principal Act, as amended by this Act, and every provision of that Act as so amended shall be construed as if that Act were, as from the commencement of this Act, confirmed and re-enacted as so amended; to the intent that where any provision of the Commonwealth Conciliation and Arbitration Act 1904, or of that Act as amended by any Act or Acts, has before the commencement of this Act been, or would, but for this Act, have been, construed as being in excess of the legislative power of the Parliament, that provision shall, as from the commencement of this Act, be read with and deemed to have been enacted in relation to the amendments made by this Act.

Amendment of the Principal Act.

4. The Principal Act is amended as set out in the Schedule to this Act.

Definitions.

5. Section four of the Principal Act is amended—

(a) by inserting after the definition of “Industry” the following definition:—

“‘Judge’ means a Judge of the Court and includes the Chief Judge;”;


(b) by inserting after the definition of “Strike” the following definition:—

“‘The Chief Judge’ means the Chief Judge of the Court;”; and

(c) by omitting the definition of “The President”.

6. Sections twelve, thirteen and fourteen of the Principal Act are repealed and the following sections inserted in their stead:—

Appointment of Chief Judge and other Judges.

“12. The Chief Judge and the other Judges—

(a) shall be appointed by the Governor-General in Council; and

(b) shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity.

Qualifications of Chief Judge and each other Judge.

“13. The qualifications of the Chief Judge and of each other Judge shall be as follows:—

He must be a barrister or solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing.

Salaries and travelling expenses.

“14.—(1.)

Overview

The Commonwealth Conciliation and Arbitration Act 1926 was enacted to amend the Commonwealth Conciliation and Arbitration Act 1904–1921, addressing issues in the existing framework of industrial arbitration and conciliation within Australia. The Act was introduced by the Parliament of Australia and its policy objective was to refine the legislative powers of the Commonwealth Conciliation and Arbitration Court, particularly in terms of the appointments, roles, and powers of its judges, including the newly established position of Chief Judge. The Act also sought to clarify the process for intervention in industrial disputes by the Attorney-General and to delineate the powers of Conciliation Commissioners. The Act sought to enhance the efficiency and authority of the Court in resolving industrial disputes, particularly those concerning standard hours of work and basic wage.

Scope and Application

The Commonwealth Conciliation and Arbitration Act 1926 amends the Commonwealth Conciliation and Arbitration Act 1904–1921, providing for the establishment of the Commonwealth Court of Conciliation and Arbitration with specific provisions for the appointment and powers of its judges, including the Chief Judge. This Act applies to the entire Commonwealth of Australia, governing the conduct and transactions within industries that fall under its jurisdiction. The legislation stipulates that the Chief Judge and other judges must be appointed by the Governor-General in Council and can only be removed under specific circumstances. It also outlines the salaries, pensions, and travelling expenses for the judges, as well as the intervention powers of the Attorney-General in proceedings related to standard hours of work or the basic wage. The Act further provides for the appointment of Conciliation Commissioners by the Governor-General and allows for the imposition and recovery of penalties by the Court. The Act ceases the existence of the offices of President and Deputy President under the Principal Act upon its commencement, with potential temporary continuation of Deputy Presidents for specific ongoing matters.

Key Provisions

  • The Commonwealth Conciliation and Arbitration Act 1926 primarily serves to amend the existing Commonwealth Conciliation and Arbitration Act 1904-1921. The Act introduces changes to the structure and functioning of the Court, including the roles and responsibilities of the Chief Judge and other Judges (sections 12 to 14b). The Act specifies the qualifications, salaries, pensions, and powers of the Chief Judge and other Judges, along with their removal procedures and the financial provisions for their remuneration and benefits.
  • Under the Act, the Chief Judge and other Judges are appointed by the Governor-General in Council and can only be removed under specific circumstances, such as misbehaviour or incapacity, following an address from both Houses of Parliament (section 12). The qualifications for these roles require that the individuals must be barristers or solicitors with at least five years of standing (section 13). Salaries are set at £3,000 per year for the Chief Judge and £2,500 per year for other Judges, with additional provisions for travelling expenses and pensions based on years of service (sections 14 and 14b).
  • Additionally, the Act provides mechanisms for intervention by the Attorney-General in proceedings related to standard hours of work or the basic wage, allowing interested parties to apply for leave to be heard (sections 18b and 18c). It also outlines the process for appointing Conciliation Commissioners, who are granted certain powers similar to those of the Chief Judge (section 18c).
  • There are no explicit provisions detailing specific offences, penalties, or consequences for breach within the provided text. However, the nature of the Act suggests that non-compliance with its provisions, especially those concerning the operation of the Court and the roles and responsibilities of Judges and Conciliation Commissioners, could lead to legal ramifications. For instance, failing to adhere to the specified qualifications or removal procedures might result in legal challenges or disciplinary actions. Similarly, disregarding the powers and responsibilities assigned to Judges or Conciliation Commissioners could lead to disputes or legal consequences.

Legal classification tags

Area of Law
Administrative Law
Employment & Labour Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Licensing & Registration
Pensions
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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.