COMMONWEALTH CONCILIATION AND ARBITRATION.
No. 10 of 1947.
An Act to amend the Commonwealth Conciliation and Arbitration Act 1904–1946, and for other purposes.
[Assented to 20th May, 1947.]
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 1947.
(2.) The Commonwealth Conciliation and Arbitration Act 1904-1946 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 1904–1947.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Pending proceedings.
3.—(1.) A Conciliation Commissioner shall continue the hearing of and determine all matters the hearing of which by a Conciliation Commissioner had been commenced prior to the commencement of this Act as if this Act had not been passed.
(2.) A Conciliation Commissioner shall continue the hearing of and determine all matters (not being matters in relation to which a Conciliation Commissioner is not empowered to make an order or
award) the hearing of which had been commenced by the Court prior to the commencement of this Act, and the Court shall continue the hearing of and determine all other matters the hearing of which had been so commenced, as if this Act had not been passed.
(3.) In the continuance of the hearing of any matter to which either of the last two preceding sub-sections applies, the Court or Conciliation Commissioner shall have regard to any evidence given or reports made in the hearing of that matter prior to the commencement of this Act.
(4.) All other matters pending before the Court or a Conciliation Commissioner immediately prior to the commencement of this Act shall be heard and determined in accordance with the Principal Act as amended by this Act.
Saving.
4.—(1.) Notwithstanding the repeal by this Act of Part III. of the Principal Act, the Commonwealth Court of Conciliation and Arbitration existing immediately prior to the commencement of this Act shall not cease to exist but shall continue as the Commonwealth Court of Conciliation and Arbitration referred to in the Principal Act as amended by this Act.
(2.) All orders and awards made under the Principal Act, and all agreements filed and certified under that Act, which were in force immediately prior to the commencement of this Act shall continue to have effect in accordance with the Principal Act as amended by this Act but may be set aside, varied or suspended under the Principal Act as amended by this Act.
5. Sections two and three of the Principal Act are repealed and the following sections inserted in their stead
Overview
The Commonwealth Conciliation and Arbitration Act 1947 was enacted to amend the existing Commonwealth Conciliation and Arbitration Act 1904–1946 and to address gaps in the regulation of industrial disputes in Australia. This Act was passed by the Parliament of Australia, consisting of the King, the Senate, and the House of Representatives, with the assent of King George VI on 20 May 1947. The primary policy objective of this Act is to establish an efficient system for preventing and settling industrial disputes through conciliation and arbitration, promote goodwill in industry, and ensure the continued and amicable operation of orders and awards made in settlement of such disputes. The Act also aims to provide for the appointment of Conciliation Commissioners with powers to prevent and settle industrial disputes by conciliation and arbitration and to provide means for the observance and enforcement of orders and awards. Furthermore, the Act seeks to constitute a Commonwealth Court of Conciliation and Arbitration with exclusive appellate jurisdiction in matters of law arising under the Act and limited jurisdiction in relation to industrial disputes.
Scope and Application
The Commonwealth Conciliation and Arbitration Act 1947 applies to the prevention and settlement of industrial disputes across various industries in Australia. It covers disputes that extend beyond the limits of any one State, including those related to employment in industries carried on by, or under the control of, the Commonwealth or a State or an authority of the Commonwealth or a State. The Act applies to employers, employees, and their respective organizations. It establishes a system of conciliation and arbitration to resolve disputes and promotes goodwill in industry. The Act provides for the appointment of Conciliation Commissioners who have the power to prevent and settle industrial disputes by conciliation and arbitration. The Commonwealth Court of Conciliation and Arbitration has exclusive appellate jurisdiction in matters of law arising under this Act and limited jurisdiction in relation to industrial disputes. The Act also provides for the registration of representative bodies of employers and employees. The Act's jurisdiction extends nationally across Australia, including territories such as the Northern Territory and the Seat of Government, as amended by subsequent acts. Certain exclusions and thresholds may apply, and the Act can be further extended or restricted through subordinate instruments.
Key Provisions
- The Commonwealth Conciliation and Arbitration Act 1947 (C1947A00010) makes significant amendments to the Commonwealth Conciliation and Arbitration Act 1904–1946, introducing new provisions and restructuring certain sections to enhance the efficiency and effectiveness of industrial dispute resolution mechanisms. The Act establishes a system for conciliation and arbitration to settle industrial disputes, promoting goodwill in industry and ensuring the continued operation of orders and awards.
- The primary operative sections include the establishment of a Commonwealth Court of Conciliation and Arbitration and the appointment of Conciliation Commissioners. Section 29 empowers the Court to make orders or awards altering various industrial matters, including standard hours of work, basic wage, annual leave, and minimum rates of remuneration for adult females. Section 18 mandates Conciliation Commissioners to take steps to prevent or settle industrial disputes by conciliation or arbitration. Section 41 provides that agreements between parties to a dispute, when certified by the Court or a Conciliation Commissioner, have the same effect as an award. Section 43(a) outlines the broad powers of the Court and Conciliation Commissioners to hear and determine disputes according to equity and good conscience.
- The Act imposes several obligations on parties and entities it governs. Organizations and employers must notify Conciliation Commissioners or the Registrar of industrial disputes or situations likely to give rise to disputes (Section 18(3)-(5)). Conciliation Commissioners are required to diligently examine and address disputes, taking appropriate steps to ensure prompt prevention or settlement (Section 18(2)). The Registrar must furnish certificates and lists of members and officers of organizations to the Court or Conciliation Commissioners as needed (Sections 39 and 72).
- The Act also outlines several offences and penalties for breaches, along with civil and criminal consequences. For instance, Section 83 imposes penalties of up to £100 for offences such as insulting a Conciliation Commissioner, interrupting proceedings, or using insulting language towards a Conciliation Commissioner. Section 72e sets a penalty of £50 for unauthorized collection of money on behalf of an organization. Section 81aa introduces a penalty of £100 for a person carrying on the business of an employment agency making contracts or agreements for employment on terms less favorable than those specified in an order or award binding on the employer and employee. These provisions ensure compliance and maintain the integrity of the industrial relations framework established by the Act.
- Area of Law
- Employment & Labour Law
- Industrial Relations
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Enforcement Powers
- Prohibited Conduct
- Regulatory Standards
