Public Service Arbitration Act 1959

Overview

The Public Service Arbitration Act 1959, enacted by the Commonwealth Parliament, serves to amend the Public Service Arbitration Act 1920–1957, updating and refining the framework for arbitration within the Australian public service. This Act was introduced to address gaps in the existing legislation that may have hindered efficient and fair resolution of disputes between public servants and employers. By enhancing the authority and procedures of the Commonwealth Conciliation and Arbitration Commission, particularly in its composition and referral powers, the Act aims to facilitate more effective and timely arbitration processes. The policy objective is to ensure that public service disputes are resolved in a manner that maintains industrial harmony and addresses the interests of both employers and employees.

Scope and Application

The Public Service Arbitration Act 1959 amends the Public Service Arbitration Act 1920–1957 to modify the process of appointing and empowering the Commonwealth Conciliation and Arbitration Commission, referred to as the Commission. This Act applies to the Commonwealth of Australia, and it primarily concerns the public service sector by governing the arbitration of disputes within this area. The Act extends to the appointment of the Commission, with the President of the Commonwealth being responsible for nominating members of the Commission, including the Arbitrator and presidential members, who are authorized by the Governor-General for specific arbitration purposes. Additionally, the President has the authority to delegate investigative and reporting powers to the Arbitrator or a presidential member of the Commission to facilitate the hearing and determination of claims or applications. The Act also ensures that any claims, applications, or appeals that were pending before the Commission under the previous act continue to be processed by the Commission as constituted under the amended act.

Key Provisions

The Public Service Arbitration Act 1959 (sections 1-5) amends the Public Service Arbitration Act 1920–1957. The main operative sections of this amending Act provide for the citation of the new Act and establish that it is to be referred to as the Public Service Arbitration Act 1920–1959 once amended by this Act. It also outlines the commencement of the Act, with specific provisions coming into operation on the day of Royal Assent and others on a specified date in 1956. The Act modifies references to the Commission in sections fifteen a and fifteen c of the Principal Act by inserting "nominated by the President" to clarify the role and authority of the Commission. Furthermore, it amends section fifteen a by changing the terminology from "claim or application" to "claim, application or matter" and allows the Commission to consider evidence and arguments presented prior to the commencement of this Act. The obligations and requirements imposed by the Public Service Arbitration Act 1959 include the necessity for the President to nominate members of the Commission, ensuring that these members are deemed authorized by the Governor-General for specific purposes. The President is also granted the authority to refer claims, applications, or matters to the Arbitrator or a presidential member of the Commission for investigation and report. This provision aims to facilitate the hearing and determination of cases by the Commission. Moreover, the Act mandates that any existing claims, applications, or matters before the Commission at the time of commencement continue to be dealt with under the amended provisions, ensuring continuity and fairness in the arbitration process. The Public Service Arbitration Act 1959 also outlines consequences for breaches of its provisions. Although the Act does not explicitly state penalties for breaches, it is reasonable to infer that any failure to comply with the requirements for the nomination and authorization of Commission members, or any misuse of the President's powers to refer matters for investigation, could lead to legal challenges or administrative actions. The precise penalties would likely be determined by the courts or relevant authorities in the context of any specific breach, potentially including injunctions, fines, or other remedies to ensure compliance with the Act's provisions.