Commonwealth Conciliation and Arbitration Act (No. 2) 1949

Overview

The Commonwealth Conciliation and Arbitration Act (No. 2) 1949 was enacted to address the gap in the existing legislation concerning the determination of a basic wage for adult females. This Act was passed by the Parliament of Australia and received Royal Assent on 29th October, 1949. It aimed to amend the Commonwealth Conciliation and Arbitration Act 1904–1948 by empowering the Commonwealth Court of Conciliation and Arbitration to determine a basic wage specifically for adult females. This legislative change was in response to the need for a more equitable approach to wage determination, ensuring that the just and reasonable wages for adult females were recognised and addressed within the industrial relations framework. The Act amends the previous legislation by altering the jurisdiction of Conciliation Commissioners and the Court, focusing on the specification of wages for adult males and the introduction of a basic wage for adult females. The policy objective of this amendment was to establish a more inclusive and fair system of wage determination that recognised the specific needs and contributions of adult female workers in various industries. The amendments applied to industrial disputes that were already before the Court or a Conciliation Commissioner at the time of the Act's commencement.

Scope and Application

The Commonwealth Conciliation and Arbitration Act (No. 2) 1949 amends the existing Commonwealth Conciliation and Arbitration Act 1904–1948 to empower the Commonwealth Court of Conciliation and Arbitration to determine a basic wage for adult females. This legislation applies to disputes concerning remuneration for adult females in an industry, ensuring that these matters are decided based on what is considered just and reasonable for adult females, without regard to the specifics of their employment or industry. The Act operates on a national level, as it is a Commonwealth Act, and its amendments extend to any industrial disputes that were already before the Court or a Conciliation Commissioner at the time of the Act's commencement. The Act does not specify any exclusions or exemptions, and its application is broad, covering all industries and persons involved in disputes regarding adult female remuneration.

Key Provisions

The Commonwealth Conciliation and Arbitration Act (No. 2) 1949 primarily amends the existing Commonwealth Conciliation and Arbitration Act 1904–1948 to grant the Commonwealth Court of Conciliation and Arbitration the power to determine a basic wage for adult females. The Act modifies certain provisions to clarify the scope of the Court's jurisdiction in relation to wages. Specifically, Section 3 of the Act alters the wording in Section thirteen of the Principal Act, inserting terms that define the wage for adult males and removing references to the minimum rate of remuneration for adult females, replacing them with references to a basic wage for adult females. Similarly, Section 4 amends Section twenty-five of the Principal Act, making the same adjustments to the definitions of wages for adult males and the basic wage for adult females. Under this Act, the Commonwealth Court of Conciliation and Arbitration is now empowered to determine what constitutes a fair and reasonable basic wage for adult females, independent of the specific work or industry. This obligation extends to reviewing and setting the principles upon which such wages are computed. The amendments apply to any industrial disputes that were pending before the Court or a Conciliation Commissioner as of the Act's commencement. Failure to comply with the provisions of this Act could lead to legal repercussions. Although the Act itself does not explicitly outline specific offences, penalties, or consequences for breach, any non-compliance with the Court's determinations regarding wages could potentially lead to legal challenges or disputes in industrial relations matters. Given the nature of the amendments, any breach might involve disputes over wage determinations that do not adhere to the Court's decisions, which could be pursued in the courts under relevant industrial relations laws. The maximum penalties for such breaches would depend on the specific laws and regulations governing industrial relations in Australia at the time.