Conciliation and Arbitration Act 1956

Legislation au C1956A00044 Not in force Act

Legislation content

CONCILIATION AND ARBITRATION.

 

No. 44 of 1956.

An Act to amend the Conciliation and Arbitration Act 1904–1955, and for other purposes.

[Assented to 30th June, 1956.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title and citation.

1.—(1.) This Act may be cited as the Conciliation and Arbitration Act 1956.

(2.) The Conciliation and Arbitration Act 1904–1955 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 1904–1956.


Commencement.

2.—(1.) Sections one, two, three, four, five, twelve, eighteen, twenty, twenty-two, twenty-three, twenty-four, thirty-one and forty-four of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining sections of this Act shall come into operation on a date to be fixed by Proclamation.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Amendments of the Principal Act.

Part III.—Transitional Provisions.

Part IV.—Re-numbering.

Part II.—Amendments of the Principal Act.

Title.

4. The title of the Principal Act is amended by adding at the end thereof the words “, and for other purposes”.

5. Section two of the Principal Act is repealed and the following section inserted in its stead:—

Objects of Art.

“2. The chief objects of this Act are—

(a) to promote goodwill in industry;

(b) to encourage conciliation with a view to amicable agreement, thereby preventing and settling industrial disputes;

(c) to provide means for preventing and settling industrial disputes not resolved by amicable agreement, including threatened, impending and probable industrial disputes, with the maximum of expedition and the minimum of legal form and technicality;

(d) to provide for the observance and enforcement of agreements and awards made in settlement of industrial disputes; and

(e) to encourage the organization of representative bodies of employers and employees and their registration under this Act.”.

Interpretation.

6. Section four of the Principal Act is amended—

(a) by adding at the end of the definition of “Award” the words “and includes an order”;

(b) by omitting the definition of “Conciliation Commissioner” and inserting in its stead the following definitions:—

“‘Commissioner’ means a Commissioner appointed under this Act and includes the Senior Commissioner;

“‘Conciliator’ means a Conciliator appointed under this Act;

“‘Deputy President’ means a Deputy President of the Commission and includes an Acting Deputy President;”;


(c) by omitting from the definition of “Inquiry” the words “Division 3 of Part VI.” and inserting in their stead the words “Part VIb.”;

(d) by inserting in the definition of “Order”, after the word “made”, the words “by the Commission”;

(e) by inserting after the definition of “Organization” the following definition:—

“‘Presidential member of the Commission’ means the President or…

Overview

The Conciliation and Arbitration Act 1956 was enacted to amend the existing Conciliation and Arbitration Act 1904–1955, addressing issues in industrial relations and labour disputes. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, reflecting a commitment to enhance the framework for resolving industrial disputes. The primary objective of the Act is to promote goodwill in industry, encourage conciliation, and provide means for settling industrial disputes efficiently. This legislation established the Commonwealth Conciliation and Arbitration Commission, which was tasked with preventing and settling industrial disputes through conciliation or arbitration. The Act also introduced the Commonwealth Industrial Court to handle appeals and enforce awards, ensuring a structured and legal approach to industrial disputes. By doing so, the Act aimed to maintain industrial peace and protect the interests of both employers and employees.

Scope and Application

The Conciliation and Arbitration Act 1956 applies to industrial disputes occurring within the Commonwealth of Australia. It establishes the Commonwealth Conciliation and Arbitration Commission, which is empowered to prevent or settle industrial disputes by conciliation or arbitration. The Act also sets up the Commonwealth Court of Conciliation and Arbitration and the Commonwealth Industrial Court, which have jurisdiction to hear appeals and interpret awards. The Act applies to all employers and employees across various industries, including maritime, Snowy Mountains, and stevedoring industries. It does not extend to state or territory jurisdictions, except where federal law prevails over state or territory laws. The Act provides for the registration of organizations, the certification of agreements, and the enforcement of awards and orders. It also includes provisions for the protection of trade secrets and the inspection of books and documents in evidence. The Act outlines specific penalties for breaches and provides mechanisms for the continuation of proceedings and hearings that were initiated under previous legislation.

Key Provisions

  • The Conciliation and Arbitration Act 1956 amends the Conciliation and Arbitration Act 1904–1955, introducing several key provisions to enhance the functions and operations of the Commonwealth Conciliation and Arbitration Commission and the Commonwealth Court of Conciliation and Arbitration. The Act is structured into various parts, each addressing specific aspects of industrial relations and dispute resolution.
  • The primary operative sections of the Act establish the objects of the Act, which include promoting goodwill in industry, encouraging conciliation, and providing means for preventing and settling industrial disputes. The Act also establishes the Commonwealth Conciliation and Arbitration Commission, defining its composition and the qualifications for its members. It outlines the powers and functions of the Commission, including conciliation and arbitration, compulsory conferences, and the ability to make awards or certify agreements. The Act details the procedures and powers of the Commission in conducting hearings, making awards, and enforcing compliance.
  • Obligations under the Act require the Commission to prevent and settle industrial disputes by conciliation or arbitration, ensure that agreements are certified and enforced as awards, and provide for the observation and enforcement of those awards. The Commission must also maintain confidentiality in proceedings and hearings unless otherwise directed. The Act imposes responsibilities on parties to industrial disputes to notify the Commission of the existence of a dispute and to attend compulsory conferences. The Act further mandates the Commission to consider various factors, such as safety, health, and welfare of employees, in making awards and decisions.
  • Offences under the Act include wilful insult or disturbance of Commission members, using insulting language towards them, and making false representations about membership in an organization. Penalties for such offences can include fines of up to one hundred pounds or imprisonment for twelve months, or both. The Act also prohibits incitement to boycott awards, with penalties of up to one hundred pounds. Additionally, there are provisions for the enforcement of awards, including the imposition of penalties for breaches, and the ability to order compliance with awards.
  • In summary, the Act provides a comprehensive framework for the prevention and resolution of industrial disputes, the establishment and operation of the Commonwealth Conciliation and Arbitration Commission, and the enforcement of industrial agreements and awards. It ensures that the processes are fair, expeditious, and in line with the objects of promoting goodwill and preventing and settling industrial disputes.

Legal classification tags

Area of Law
Labour Law
Employment & Labour Law
Industrial Relations Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations
Enforcement Powers
Civil Penalty Provisions
Offence Provisions
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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.