Conciliation and Arbitration Act 1965

Legislation au C1965A00022 Not in force Act

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Conciliation and Arbitration

No. 22 of 1965

An Act to amend the Conciliation and Arbitration Act 1904-1964.

[Assented to 28 May, 1965]

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 1965.

(2.) The Conciliation and Arbitration Act 1904-1964 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 1904-1965.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended—

(a) by omitting from paragraph (b) of the definition of “Industry” in sub-section (1.) the word “avocation” and inserting in its stead the word “vocation”; and

(b) by inserting in sub-section (1.), after the definition of “Inquiry”, the following definition:—

“‘Inspector’ means—

(a) an Inspector appointed under sub-section (1.) of section one hundred and twenty-five of this Act;

(b) an officer of the Public Service of the Commonwealth authorized by the Minister in pursuance of sub-section (2.) of that section to perform the duties of an Inspector under that section; or


(c) an officer of the Public Service of a State to whom an arrangement referred to in sub-section (3.) of that section is applicable;”.

4. Section 44a of the Principal Act is repealed and the following section inserted in its stead:—

Joint sessions of Commission.

“44a.—(1.) In this section, a reference to a matter is a reference to proceedings before the Commission under this Act or under the Public Service Arbitration Act 1920-1964.

“(2.) Where—

(a) the President is of the opinion that a question is common to two or more matters; and

(b) the Commission is not constituted by the same person or persons for the purposes of each of those matters,

the President may, if he considers that it is desirable to do so for the purpose of facilitating the hearing and determination of those matters, direct that the Commission constituted by all the persons who constitute the Commission for the purposes of those matters may take evidence or hear argument, or take evidence and hear argument, as to that question for the purposes of both or all of those matters and, if the President gives such a direction, the Commission as so constituted may take evidence or hear argument, or take evidence and hear argument, accordingly.”.

Exercise of Court’s jurisdiction.

5. Section 104 of the Principal Act is amended—

(a) by omitting from paragraph (g) of sub-section (2.) the word “or”(second occurring); and

(b) by inserting after that paragraph the following paragraph:—

“(ga) the review of the taxation of any costs or expenses; or”.

6. After section 109 of the Principal Act the following section is inserted:—

Hearing of certain applications not to be commenced unless certain concitions fulfilled.

“109a.—(1.) The Court shall not commence the hearing of an application for an order under paragraph (b) of sub-section (1.) of the last preceding section to enjoin an organization or person from committing a breach or non-observance of an award unless the Court is satisfied—

(a) that a Commissioner or a presidential member has been notified that the breach or non-observance is likely to occur;

(b) that—

(i) the notification was given without delay; or

(ii) a Commissioner or a presidential member of the Commission has certified that there was reasonable cause for delay in giving the notification; and

(c) subject to the next succeeding sub-section, that a period of fourteen days, or such longer period as a Commissioner or a presidential member of the Commission has determined, has elapsed since the notification was given.

“(2.) Paragraph (c) of the last preceding sub-section does not apply if the applicant satisfies the Court that the breach or non-observance is likely to occur within the next ten days.

“(3.) Where an application is made for an order under paragraph (a) of sub-section (1.) of the last preceding section in relation to a breach or non-observance of an award and application is made at the same time under paragraph (b) of that sub-section in relation to a breach or non-observance of that award of the same or of a similar kind, the preceding provisions of this section do not apply.

“(4.) In the application of sub-section (1.) of this section—

(a) in relation to an award made under Division 2, Division 3 or Division 4 of Part III.—any reference to a Commissioner or to a presidential member of the Commission shall be read as a reference to the presidential member of the Commission referred to in sub-section (1.) of section seventy-three, sub-section (1.) of section seventy-eight or sub-section (1.) of section eighty-four of this Act, respectively; and

(b) in relation to an award or order made by a prescribed tribunal referred to in paragraph (a) of sub-section (3.) of the last preceding section, or in relation to provisions in force by virtue of such an award or order—any reference to a Commissioner or to a presidential member of the Commission shall be read as a reference to that tribunal.”.

Limitation on appeals to High Court.

7. Section 114 of the Principal Act is amended by inserting in sub-section (1.), after the word “nine”, the words, “, one hundred and nine a”.

Costs.

8. Section 116 of the Principal Act is amended by omitting the word “The” and inserting in its stead the words “Subject to the regulations, the”.

Imposition and recovery of penalties.

9. Section 119 of the Principal Act is amended—

(a) by omitting from paragraph (aa) of sub-section (2.) the words “referred to in section one hundred and twenty-five of this Act”; and

(b) by adding at the end thereof the following sub-section:—

“(4.) Proceedings under this section in respect of a breach or non-observance of a term of an order or award may be commenced at any time within twelve months after the commission of the breach or non-observance.”.

Enforcement of penalties imposed by the Court.

10. Section 121 of the Principal Act is amended by omitting the words “the organizations and persons”.

Inspectors.

11. Section 125 of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the word “Act”, the words “and the regulations”;

(b) by inserting after sub-section (1.) the following sub-section:—

“(2.) The Minister may authorize an officer of the Public Service of the Commonwealth who has not been appointed as an Inspector under the last preceding sub-section to perform the duties of an Inspector under this section.”;

(c) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) An Inspector shall have such duties in relation to the observance of this Act and the regulations and of any award as the Minister directs.”; and

(d) by omitting from sub-section (5.) the word “duty” and inserting in its stead the word “duties”.

Directions that proceedings be instituted.

12. Section 126 of the Principal Act is amended by omitting the words “referred to in the last preceding section”.

Costs.

13. Section 168 of the Principal Act is amended—

(a) by inserting in sub-section (3.), after the word “any”, the words “costs or”; and

(b) by inserting in that sub-section, after the word “those”, the words “costs or”.

Regulations.

14. Section 198 of the Principal Act is amended—

(a) by inserting after paragraph (a) of sub-section (1.) the following paragraph:—

“(aa) for regulating any matters with respect to the costs and expenses (including the expenses of witnesses) of proceedings before the Court, including proceedings dismissed for want of jurisdiction, and providing for the taxation of those costs and expenses and the review of any such taxation by the Court;”; and

(b) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) The power conferred by the last preceding sub-section to make regulations with respect to the matters referred to in paragraphs (a), (aa) and (ba) of that sub-section includes power to make regulations with respect to those matters in relation to any jurisdiction conferred on the Court or the Commission by any other Act, whether passed before or after this Act.”.

Overview

The Conciliation and Arbitration Act 1965, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, aimed to amend the existing Conciliation and Arbitration Act 1904-1964 to address gaps and improve the framework for industrial conciliation and arbitration. This legislation introduced several amendments, including changes to the definitions, procedures for joint sessions of the Commission, the exercise of Court jurisdiction, and the enforcement of penalties. The Act also provided for the regulation of costs and expenses in proceedings before the Court and extended the power to make regulations to include any jurisdiction conferred on the Court or the Commission by any other Act. The overarching policy objective was to streamline industrial dispute resolution and enhance the effectiveness of the conciliation and arbitration processes.

Scope and Application

The Conciliation and Arbitration Act 1965 applies to industries and vocations within the Commonwealth of Australia, encompassing both the private and public sectors. This Act amends the Conciliation and Arbitration Act 1904-1964, modifying definitions and procedures related to conciliation, arbitration, and industrial disputes. The legislation provides for the appointment and functions of Inspectors, as well as the powers of the Court in relation to costs, taxation, and enforcement of penalties. Notably, the Act extends the jurisdiction of the Court to review the taxation of costs and expenses, and it outlines specific conditions under which the Court may hear applications for injunctions related to breaches of awards. The Act also regulates the enforcement of penalties and the imposition of fines for non-compliance with awards or orders, providing a mechanism for proceedings to be instituted within a specified timeframe. While the Act primarily applies to industrial disputes and related proceedings, it also extends to any other jurisdiction conferred on the Court or the Commission by other Acts, thereby broadening its scope through subordinate instruments.

Key Provisions

The Conciliation and Arbitration Act 1965 introduces several amendments to the Conciliation and Arbitration Act 1904-1964, aiming to refine and update the framework for conciliation and arbitration processes in Australia. Section 4 of the Principal Act is amended to refine the definition of "Industry" and to clarify the role of "Inspector" within the Act. Section 44a replaces the repealed section 44a, allowing the President to direct joint sessions of the Commission for common questions in different matters, facilitating more efficient hearings and determinations (Section 44a). The Act also modifies the jurisdiction of the Court by adding the review of taxation of costs or expenses as a permissible function (Section 5). Furthermore, Section 109a introduces conditions under which the Court must not commence hearing certain applications unless specific notifications and timeframes are met, ensuring timely and justified actions against breaches of awards (Section 109a). The Act imposes obligations on parties and entities by stipulating that the Court must be notified of potential breaches of awards, and that a certain period must elapse after notification before proceedings can commence (Section 109a). It also mandates that Inspectors must adhere to the directions of the Minister regarding their duties and responsibilities in enforcing the Act and its regulations (Section 125). These obligations ensure that processes are transparent and timely, and that enforcement actions are appropriately managed. Breaches of the Act can lead to various consequences, including penalties and enforcement actions. For example, proceedings for breaches of orders or awards can be initiated within twelve months of the breach (Section 119). Additionally, the Court has the authority to impose and recover penalties for non-compliance, and to enforce penalties that have been imposed (Sections 119 and 121). The maximum penalties, however, are not explicitly stated in the provided sections, and would need to be determined in accordance with other legal provisions or regulations. Non-compliance with the Act's provisions can thus lead to legal and financial repercussions for the entities involved.

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Area of Law
Employment & Labour Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Enforcement Powers
Compliance Obligations

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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.