CONCILIATION AND ARBITRATION.
No. 34 of 1952.
An Act to amend the Conciliation and Arbitration Act 1904–1951.
[Assented to 17th June, 1952.]
BE it enacted by the Queen’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 Conciliation and Arbitration Act 1952.
(2.) The Conciliation and Arbitration Act 1904–1951 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Conciliation and Arbitration Act 1904–1952.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Interpretation.
3. Section four of the Principal Act is amended by inserting in the definition of “Employer”, after the word “includes”, the words “any person who is usually an employer in an industry and also includes”.
Limitation of jurisdiction of Conciliation Commissioners.
4. Section thirteen of the Principal Act is amended—
(a) by omitting paragraph (c) of sub-section (1.) and inserting in its stead the following paragraph:—
“(c) making provision for or in relation to, or altering a provision for or in relation to, long service leave with pay;”; and
(b) by omitting sub-section (2.).
5. After section fourteen of the Principal Act the following sections are inserted:—
Reference of disputes to the Court.
“14a.—(1.) In this section, ‘the Chief Judge’ includes, in relation to an application for the concurrence of the Chief Judge, or an appeal to the Chief Judge, a Judge appointed by the Chief Judge to deal with the application or appeal.
“(2.) Upon application by a party to an industrial dispute, a Conciliation Commissioner may, if he is of opinion that the industrial dispute, or the industrial dispute so far as it relates to a matter in dispute, is of such importance that the industrial dispute, or the industrial dispute so far as it relates to that matter, should, in the public interest, be dealt with by the Court, and subject to the concurrence of the Chief Judge, refer the industrial dispute, or the industrial dispute so far as it relates to that matter, to the Court.
“(3.) An appeal lies to the Chief Judge from a refusal of a Conciliation Commissioner to grant an application under the last preceding sub-section.
“(4.) An appeal under the last preceding sub-section shall be instituted within fourteen days after the date of the refusal of the Conciliation Commissioner.
“(5.) The Chief Judge may hear the appeal and, if he is of opinion that the industrial dispute, or the industrial dispute so far as it relates to the matter in dispute, is of such importance that the industrial dispute, or the industrial dispute…
Overview
The Conciliation and Arbitration Act 1952 was enacted to amend the Conciliation and Arbitration Act 1904–1951, addressing gaps in the legislative framework for industrial relations and dispute resolution in Australia. This Act was introduced to enhance the processes and powers of the Conciliation and Arbitration Commission, including the Court of Conciliation and Arbitration, to better manage industrial disputes. The policy objective of the Act was to provide a more efficient and effective mechanism for resolving industrial disputes, ensuring that they are dealt with in the public interest and that the rights and obligations of employers and employees are properly safeguarded. The Act was passed by the Commonwealth Parliament, reflecting the federal nature of industrial relations regulation in Australia at the time. The amendments introduced by this Act included changes to the jurisdiction and procedures of the Conciliation and Arbitration Commission, the introduction of new provisions for the referral of disputes to the Court, and the clarification of the legal status of awards issued by the Commission.
Scope and Application
The Conciliation and Arbitration Act 1952 applies to industrial disputes in the Commonwealth of Australia, affecting employers, employees, and organisations within various industries. The Act pertains to the conciliation and arbitration of industrial disputes, focusing on matters such as long service leave, jurisdiction of courts, and the powers of Conciliation Commissioners. The geographic and jurisdictional reach of the Act is nationwide, governing industrial relations across the Commonwealth. Notably, the Act excludes matters that are expressly beyond its jurisdiction, such as specific types of leave provisions unless explicitly included. The Act may be further defined or extended through subordinate instruments, which can introduce additional regulations or clarifications. The Act also outlines procedures for the referral of disputes, the hearing and determination of such disputes by the Court or Conciliation Commissioners, and the enforcement of awards and orders, including provisions for the imposition and recovery of penalties.
Key Provisions
- The Conciliation and Arbitration Act 1952 introduces several key changes to the existing Conciliation and Arbitration Act 1904–1951, referred to as the Principal Act. Firstly, it amends the definition of "Employer" to include any person who is usually an employer in an industry (section 3). It also revises the jurisdiction of Conciliation Commissioners to exclude matters related to long service leave with pay, which are now explicitly included within the jurisdiction of the Court (sections 4 and 9). Furthermore, the Act allows Conciliation Commissioners to refer disputes to the Court for determination if they consider the dispute of significant public importance, subject to the concurrence of the Chief Judge (section 14a). The Court may, in turn, refer parts of the dispute back to the Conciliation Commissioner for further hearing and determination (section 14b).
- The Act imposes several obligations on the parties and entities it governs. Conciliation Commissioners must consider referring disputes to the Court if they deem the disputes of significant public importance (section 14a). The Court is required to hear and determine disputes referred to it and may refer parts of the dispute back to the Conciliation Commissioner (section 14b). Additionally, the Act mandates that orders or awards made by a Conciliation Commissioner do not take effect until twenty-one days have elapsed unless all parties consent or the Conciliation Commissioner directs otherwise (section 47a).
- The Act also delineates several offences and penalties for non-compliance. Breaches of orders or awards may result in civil or criminal penalties as stipulated under the amended sections. Additionally, the Act introduces contempt of court provisions with increased penalties, now extending to a maximum penalty of seven years imprisonment (section 11). Any person found guilty of contempt of the Court may face these enhanced penalties. The Act also stipulates that decisions of the Court are final and not subject to further challenge or question (section 32).
- Area of Law
- Employment & Labour Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Enforcement Powers
- Compliance Obligations
- Regulatory Standards
