Industrial Peace Act 1920

Legislation au C1920A00021 Not in force Act

Legislation content

INDUSTRIAL PEACE.

 

No. 21 of 1920.

An Act relating to Industrial Matters, and the Prevention and Settlement of Industrial Disputes.

[Assented to 13th September, 1920.]

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

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Industrial Peace Act 1920.

Application and construction of Act.

2.—(1.) This Act applies to industrial matters in relation to conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State.

(2.) This Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that where any enactment thereof would, but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.

Parts.

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

Part I.—Preliminary.

Part II.—The Commonwealth Council of Industrial Representatives.

Part III.—District Councils of Industrial Representatives.

Part IV.—Special Tribunals.

Part V.—Local Boards.

Part VI.—Supplementary.

Definitions.

4. In this Act, unless the contrary intention appears—

“Industrial dispute” means an industrial dispute extending beyond the limits of any one State, and includes—

(a) any dispute as to industrial matters; and

(b) any dispute in relation to employment in an industry carried on by or under the control of the Commonwealth or a State, or any public authority constituted under the Commonwealth or a State; and

(c) any threatened or impending or probable industrial dispute;


“Industrial matters” includes all matters relating to work, pay, wages, reward, hours, privileges, rights, or duties of employers or employees, or the mode, terms and conditions of employment or non-employment; and in particular, but without limiting the general scope of this definition, includes all matters pertaining to the relations of employers and employees, and the employment, preferential employment, dismissal, or non-employment of any particular persons, or of persons of any particular sex or age, or being or not being members of any organization, association, or body, and any claim arising under an industrial agreement, and includes all questions of what is fair and right in relation to any industrial matter having regard to the interests of the persons immediately concerned and of society as a whole, and also includes questions as to profits, prices, and cost of production, relating to an industrial dispute or to an industry;

“Organization”, in reference to employees, means an association of not less than one hundred employees engaged in any industrial pursuit or pursuits whatever, together with such other persons, whether employees engaged in any industrial pursuit or pursuits or not, as have been appointed officers of the association and admitted as members thereof;

“The Commonwealth Council” means…

Overview

The Industrial Peace Act 1920 was enacted to address the problem of industrial disputes that extend beyond the limits of any one State, thus requiring a federal approach to conciliation and arbitration. This Act was passed by the Parliament of Australia with the aim of ensuring industrial peace by establishing various councils and tribunals to manage and resolve industrial disputes. The Act allows for the creation of a Commonwealth Council of Industrial Representatives and District Councils of Industrial Representatives, both tasked with considering matters that may lead to industrial disputes and making recommendations or declarations on such matters. Additionally, the Act provides for the appointment of Special Tribunals to handle specific industrial disputes and Local Boards for more localized industrial dispute resolution. The policy objective of the Act is to prevent and settle industrial disputes through conciliation and arbitration, ensuring fairness and maintaining industrial peace across the nation.

Scope and Application

The Industrial Peace Act 1920 applies to industrial matters that pertain to conciliation and arbitration for the prevention and settlement of industrial disputes that extend beyond the limits of any one State. This Act is constructed in such a way as to not exceed the legislative power of the Commonwealth as defined by the Constitution. The Act applies to industrial disputes involving work, pay, wages, reward, hours, privileges, rights, or duties of employers or employees, or the mode, terms, and conditions of employment or non-employment, as well as disputes in relation to employment in an industry carried on by or under the control of the Commonwealth or a State, or any public authority constituted under the Commonwealth or a State. The Act can be extended or restricted through subordinate instruments such as regulations made by the Governor-General. The Act establishes various bodies, including the Commonwealth Council of Industrial Representatives, District Councils of Industrial Representatives, Special Tribunals, and Local Boards, to handle industrial disputes and matters. These bodies have the power to inquire into industrial matters, confer with various parties, and make binding decisions on industrial disputes. The Act also provides for the enforcement of awards and orders made by these bodies, and sets out penalties for contravention of the Act.

Key Provisions

  • The Industrial Peace Act 1920 (C1920A00021) establishes a framework for conciliation and arbitration in industrial disputes that extend beyond the limits of any one State. The Act primarily focuses on the prevention and settlement of such disputes. Under sections 5 and 9, the Governor-General is empowered to establish a Commonwealth Council of Industrial Representatives and District Councils of Industrial Representatives, respectively. The Commonwealth Council, as outlined in section 7, has the authority to consider matters and tendencies leading to industrial disputes, inquire into industrial matters, confer with relevant parties, and make reports to the Governor-General. District Councils, as per section 11, have similar powers but operate at a more localized level.
  • The Act imposes obligations on the Commonwealth Council and District Councils to maintain industrial peace by investigating industrial disputes and making recommendations or decisions that are binding and enforceable as awards of the Court. Section 16 of the Act grants Special Tribunals the power to hear and determine industrial disputes, while sections 23 and 24 outline the jurisdiction and powers of Local Boards, respectively. These bodies are tasked with ensuring that industrial disputes are resolved in a manner that maintains industrial peace and harmony.
  • Section 30 of the Act stipulates that any contravention of its provisions for which no specific penalty is provided is punishable by imprisonment for up to six months, a fine of up to One Hundred Pounds, or both. This section establishes the civil and criminal consequences for non-compliance with the Act. Additionally, sections 28 and 29 address the finality of awards and orders made by Special Tribunals or Local Boards, stipulating that these cannot be challenged, appealed against, or reviewed in any court. These provisions aim to ensure that the decisions made under the Act are respected and enforced.

Legal classification tags

Area of Law
Employment & Labour Law
Industrial Relations Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
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.