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Commonwealth Court of Conciliation and Arbitration

Arbitration Court · Commonwealth Arbitration Court

15 December 1904 – 30 June 1956

The federal industrial tribunal that prevented and settled interstate industrial disputes by conciliation and compulsory arbitration, making binding awards on wages and conditions. Its Harvester judgment of 1907 established the basic wage.

How it came into existence

Created by the Conciliation and Arbitration Act 1904, which received assent on 15 December 1904, under the Commonwealth's power over conciliation and arbitration for interstate industrial disputes (section 51(xxxv) of the Constitution). It was a new body with no Commonwealth predecessor.

Legislation: Conciliation and Arbitration Act 1904

Changes during its life

  1. 1926The Conciliation and Arbitration Act 1926 reconstituted the Court with a Chief Judge and judges appointed for life, after the High Court held in Alexander's case (1918) that its judges, lacking life tenure, could not exercise judicial power.
  2. 10 December 1928Administration of the Conciliation and Arbitration Act passed from the Attorney-General's Department to the new Department of Industry.
  3. 28 October 1940Moved to the Department of Labour and National Service, which replaced the Department of Industry.
  4. 1947The Conciliation and Arbitration Act 1947 transferred most award-making to conciliation commissioners, leaving the Court with the basic wage, standard hours, female rates and questions of law.
  • Took over functions from Stevedoring Industry Commission · 1949
    • Industrial jurisdiction over waterfront wages and conditions

    The Stevedoring Industry Act 1949 left the new Australian Stevedoring Industry Board with administrative functions and returned waterfront industrial matters to the arbitration system.

  • Took over functions from Women's Employment Board · 1944
    • Administration of the Women's Employment Regulations
    • Remaining wage matters for women in men's work
  • Part split off to form Public Service Arbitrator · 31 March 1921
    • Industrial claims of Commonwealth public service organisations

How it ended

After the High Court held in the Boilermakers' case (March 1956) that it could not exercise both judicial and arbitral power, it was replaced from 30 June 1956 by the Commonwealth Industrial Court (judicial functions) and the Commonwealth Conciliation and Arbitration Commission (conciliation and award-making).

Main functions

  • Conciliation of interstate industrial disputes
  • Making and varying binding industrial awards
  • Fixing the basic wage and standard hours
  • Registration of employer and employee organisations
  • Interpretation and enforcement of awards

Where it sits

Last in the portfolio of Department of Labour and National Service.

Lineage

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Sources