Public Service Arbitration Act (No. 2) 1956

Legislation au C1956A00104 Not in force Act

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PUBLIC SERVICE ARBITRATION (No. 2).

 

No. 104 of 1956.

An Act to amend the Law relating to Public Service Arbitration.

[Assented to 15th November, 1956.]

BE it enacted by the Queens 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 Public Service Arbitration Act (No. 2) 1956.

(2.) The Public Service Arbitration Act 1920–1955, as amended by the Public Service Arbitration Act 1956, is in this Act referred to as the Principal Act.


(3.) Section one of the Public Service Arbitration Act 1956 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Public Service Arbitration Act 1920–1956.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Section twelve of this Act shall be deemed to have come into operation on the fourteenth day of August, One thousand nine hundred and fifty-six.

Definitions.

3. Section three of the Principal Act is amended by inserting before the definition of Determination the following definition:—

Conditions of employment means salaries, wages, rates of pay or other terms or conditions of service or employment;.

Transfer of cases from Court to Arbitrator.

4. Section eleven of the Principal Act is amended by omitting sub-section (1.).

5. After section eleven of the Principal Act the following section is inserted:—

Limitation on submission of claims to Commission.

11a.—(1.) Subject to the next succeeding sub-section, an organization of employees in the Public Service is not entitled to submit to the Commission a claim relating to conditions of employment of members of the organization.

(2.) An organization of employees in the Public Service may submit such a claim to the Commission—

(a) with the consent of the Arbitrator ; or

(b) where, in pursuance of section fourteen a of this Act, the Arbitrator has (otherwise than on the ground of triviality) refrained from hearing, or from further hearing, or from determining the claim.

(3.) The Arbitrator shall not give his consent under paragraph (a) of the last preceding sub-section unless, in his opinion, the claim is one that he would, in pursuance of section fourteen a of this Act, be likely to refrain from hearing, or from further hearing, or from determining (otherwise than on the ground of triviality)..

Power of Arbitrator to determine conditions of employment.

6. Section twelve of the Principal Act is amended by omitting sub-sections (1.) and (2.) and inserting in their stead the following sub-sections :—

(1.) Subject to this Act, the Arbitrator shall determine all matters submitted to him relating to conditions of employment of officers and employees of the Public Service.

(2.) An organization is entitled to submit to the Arbitrator by memorial any claim relating to the conditions of employment of members of the organization..


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

Arbitrator may refuse to hear and determine certain claims, &c.

14a. The Arbitrator may refrain from hearing, or from further hearing, or from determining a claim or application made to him under this Act, or a matter forming part of or arising out of such a claim or application, if it appears to the Arbitrator that, on any ground, including any of the following grounds, it is unnecessary or undesirable in the public interest to deal with the claim, application or matter :—

(a) that the subject-matter of the claim or application, or the matter, is trivial;

(b) that the subject-matter of the claim or application, or the matter, has been dealt with, is being dealt with or is proper to be dealt with by another industrial authority;

(c) that conditions of employment of employees in respect of whom the claim or application is made have previously been dealt with by another industrial authority;

(d) that conditions of employment of employees in respect of whom the claim or application is made should be, or continue to be, dealt with by another industrial authority, being an authority which has already dealt with, deals with, will be dealing with or is available to deal with the conditions of employment of persons who are not employees in the Public Service but are engaged in similar work; or

(e) that conditions of employment of employees in respect of whom the claim or application is made should be, or continue to be, the same as the conditions of employment provided by an award, order, decision or determination of another industrial authority in respect of the employment of persons who are not employed in the Public Service but are engaged in similar work, being conditions of employment which the Arbitrator is satisfied are being, will be or will continue to be applied to the employees in respect of whom the claim or application is made..

Determination to be laid before Parliament.

8. Section twenty-one of the Principal Act is amended by omitting paragraph (a) of sub-section (2a.) and inserting in its stead the following paragraph :—

(a) forthwith after the commencement of the hearing of the appeal; or.

Determinations inconsistent with Commonwealth law.

9. Section twenty-two of the Principal Act is amended—

(a) by omitting sub-sections (1.) and (2.) and inserting in their stead the following sub-sections :—

(1.) The Arbitrator may make a determination which is not in accord with an award or order of the Commonwealth Court of Conciliation and Arbitration or of the Commission, but, except as provided by this section, is not empowered to make a determination which is not in accord with a law of the Commonwealth.


(2.) The Arbitrator may, where he thinks it proper to do so, make a determination that, in his opinion, is not, or may not be, in accord with a law of the Commonwealth relating to conditions of employment of employees in the Public Service, not being—

(a) the Commonwealth Employees Compensation Act 1930–1954, the Commonwealth Employees Furlough Act 1943–1953 or the Superannuation Act 1922–1956 ; or

(b) any other prescribed Act or the prescribed provisions of any other Act.

(2a.) In that case, the Arbitrator shall send to the Prime Minister and to the Attorney-General, with the certified copy of the determination, a statement of the laws of the Commonwealth with which, in his opinion, the determination is not, or may not be, in accord.;

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

(4.) If, before a determination is laid before the Parliament under the last preceding section or under this section, the Attorney-General advises the Prime Minister that, in his opinion, the determination is not in accord with a law of the Commonwealth referred to in the opinion, the Prime Minister shall cause the opinion to be laid, together with the determination, before both Houses of the Parliament.; and

(c) by omitting from sub-section (7.) the words or regulation.

Regulations.

10. Section twenty-three of the Principal Act is amended by adding at the end thereof the words , and, in particular, for prescribing the fees to be charged in respect of proceedings under this Act.

Application of amendments.

11. The application of the Principal Act as amended by this Act extends to claims and applications submitted to the Arbitrator, but not determined, before the commencement of this Act.

References and appeals.

12. Section twelve of the Public Service Arbitration Act 1956 is amended by adding at the end thereof the following sub-section :—

(2.) Where, before the commencement of this section, an application for leave to appeal against a determination of the Public Service Arbitrator had been made under section fifteen c of the Principal Act but the application had not been dealt with before the commencement of this section, an appeal against the determination lies to the Commonwealth Conciliation and Arbitration Commission under section fifteen c of the Principal Act as amended by this Act notwithstanding that the appeal was not made to the Commission within fourteen days after the date of the determination..

Overview

The Public Service Arbitration Act (No. 2) 1956 was enacted to address gaps and issues in the public service arbitration process within Australia. This Act amends the Public Service Arbitration Act 1920–1955, updating and refining the existing framework to better suit contemporary needs. The Act was assented to on 15th November, 1956, by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. Its primary objective is to streamline the arbitration process concerning public service employment conditions, ensuring that claims are handled efficiently and in accordance with public interest and existing laws. The amendments focus on clarifying the roles and powers of the Arbitrator, limiting the circumstances under which employee organisations can submit claims, and ensuring that the Arbitrator’s determinations align with Commonwealth laws, unless specified otherwise.

Scope and Application

The Public Service Arbitration Act (No. 2) 1956 amends the existing Public Service Arbitration Act 1920–1955, introducing changes to the procedures and powers of the Arbitrator concerning the conditions of employment of public service officers and employees. The Act applies to the Commonwealth public service, extending its provisions to cover employment conditions such as salaries, wages, rates of pay, and other terms of service. The amendments limit the circumstances under which employee organisations can submit claims to the Commission, allowing them to do so only with the consent of the Arbitrator or if the Arbitrator has refrained from hearing or determining the claim on grounds other than triviality. The Act empowers the Arbitrator to refrain from hearing or determining certain claims if they deem it unnecessary or undesirable in the public interest, such as where the matter is trivial or has already been dealt with by another industrial authority. The Arbitrator is also permitted to make determinations that may not align with certain Commonwealth laws, requiring the Arbitrator to notify the Prime Minister and the Attorney-General if such a determination is made. The Act's amendments apply to claims submitted but not determined before the Act's commencement, ensuring retrospective application to ongoing matters.

Key Provisions

The Public Service Arbitration Act (No. 2) 1956 primarily amends the Public Service Arbitration Act 1920–1955, introducing significant changes to the arbitration process for public service employees. Section 1 amends the citation of the Act to include the years 1920–1956, reflecting the updates made by this legislation. Section 4 removes subsection (1) from section eleven of the Principal Act, which previously allowed the submission of claims relating to employment conditions to the Commission. Instead, section 11a introduces a limitation on the submission of such claims, stating that an employee organisation cannot submit a claim to the Commission without consent from the Arbitrator, unless the Arbitrator has already decided not to hear or determine the claim on grounds other than triviality. Section 6 fundamentally changes the role of the Arbitrator by granting them the authority to determine all matters related to the employment conditions of public service officers and employees, subject to the provisions of the Act. Additionally, section 6 allows any organisation to submit claims about the employment conditions of its members to the Arbitrator. Section 14a replaces the repealed section fourteen a, permitting the Arbitrator to refrain from hearing or determining claims if it appears unnecessary or undesirable in the public interest, based on various specified grounds. The Act also introduces obligations for the Arbitrator, such as the requirement to consult with the Attorney-General before making a determination that may not align with Commonwealth law (section 22). If the Arbitrator decides to proceed despite potential inconsistency with Commonwealth law, they must inform the Prime Minister and the Attorney-General, and the determination must be laid before Parliament (section 22(2a) and (4)). Furthermore, section 23 expands the scope of regulations to include, among other things, the fees to be charged for proceedings under the Act. For breaches of the Act's provisions, penalties and consequences are not explicitly detailed in the provided text. However, it is implied that non-compliance with the Arbitrator's decisions or the Act's stipulations could lead to legal challenges or appeals, as outlined in sections 12 and 15c. These sections ensure that applications for leave to appeal against a determination can still be processed, even if they were not dealt with within the stipulated timeframe due to the commencement of this Act.

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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.