Commonwealth Conciliation and Arbitration Act 1930

Overview

The Commonwealth Conciliation and Arbitration Act 1930 was enacted to amend the Commonwealth Conciliation and Arbitration Act 1904-1928, addressing the need to update the framework for industrial conciliation and arbitration in Australia. The Act was assented to on 18 August 1930 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. Its primary objective is to promote goodwill in industry through conciliation and arbitration. The Act introduces several significant changes, including the establishment of Conciliation Commissioners and Conciliation Committees to handle industrial disputes more efficiently, thereby relieving the Court of some of its burdens. The Act also revises the penalties and procedures for dealing with breaches of awards and updates the enforcement mechanisms available to the Court and other authorities.

Scope and Application

The Commonwealth Conciliation and Arbitration Act 1930 applies across the Commonwealth of Australia and amends the Commonwealth Conciliation and Arbitration Act 1904-1928, referred to as the Principal Act, to promote goodwill in industry by conciliation and arbitration. The Act extends to industrial disputes involving employees and employers within any industry or section of an industry, defined by locality or otherwise. Conciliation and arbitration processes are facilitated through the appointment of Conciliation Commissioners and Conciliation Committees by the Governor-General, who have powers similar to those of the Court under the Act, including the authority to make awards and orders that are binding and enforceable. These awards and orders can affect matters such as wages, hours of work, and other employment conditions, but they are subject to specific limitations and cannot alter the standard hours of work or the basic wage without adhering to certain provisions. Additionally, the Act includes provisions for the enforcement of awards, the imposition of penalties for non-compliance, and the regulation of certain activities by organizations, such as incitement to boycott awards and the imposition of penalties on workmen observing awards. The Act also clarifies the jurisdiction of the Court and Conciliation Commissioners, ensuring that awards made by them have precedence over state awards and are not subject to challenge or question except as provided by the Act. The Act's application extends to proclaimed organizations, which are subject to specific record-keeping and inspection requirements. The Act does not apply to industrial disputes that are being dealt with by Conciliation Committees.

Key Provisions

• The Commonwealth Conciliation and Arbitration Act 1930 amends the existing Commonwealth Conciliation and Arbitration Act 1904-1928. The Act primarily seeks to promote goodwill in industry through conciliation and arbitration (section 2). It removes previous prohibitions on lockouts and strikes in relation to industrial disputes (section 6) and modifies the jurisdiction of the Court in making awards that alter standard hours of work, basic wage, or the principles on which it is computed (section 7). The Act also introduces the appointment of Conciliation Commissioners by the Governor-General (section 18c), who hold powers similar to those of a Judge, subject to certain restrictions (section 18c(8)). The Conciliation Commissioners are tasked with resolving industrial disputes, and their decisions carry the same weight as those of the Court (sections 14, 22, 24, 29).
• The Act imposes several obligations on the parties and entities it governs. It mandates that Conciliation Commissioners must devote their entire working hours to their duties, except when granted leave by the Attorney-General (section 18c(3)). Additionally, Conciliation Commissioners must vacate their office under certain conditions, such as engaging in employment outside their duties, becoming bankrupt or insolvent, or being absent from duty for fourteen consecutive days without leave (section 18c(6)). Organisations are required to maintain records of fines, penalties, and membership lists and are subject to inspections by authorised persons (sections 72 and 86).
• The Act delineates various offences and penalties for breaches. It prohibits any officer or member of an organisation from inciting members to refrain from entering into written agreements or working in accordance with an award during its currency (section 58ba). The penalty for such incitement is a fine of twenty pounds (section 58ba). Furthermore, the Act outlines penalties for contempt by witnesses before a Conciliation Commissioner or the Court (section 84). While specific penalties for other breaches are not explicitly stated, the Act generally allows the Court or a Conciliation Commissioner to impose penalties for certain offences (section 89b).

Legal classification tags

Area of Law

Employment & Labour Law

Instrument

Act

Concepts

Definitions & Interpretation

Repeal & Amendment

Licensing & Registration

Enforcement Powers

Prohibited Conduct