Commonwealth Court of Conciliation and Arbitration
Encyclopedia
The Commonwealth Court of Conciliation and Arbitration is a defunct Australia
n court, which had jurisdiction to arbitrate interstate industrial disputes.
The court was created in 1904 by the Conciliation and Arbitration Act 1904
, an Act of the Parliament of Australia
. Its functions were the hearing and the arbitration
of industrial disputes, and to make awards
. It also had the judicial functions of interpreting and enforcing awards and hearing other criminal and civil cases relating to industrial relations law. The court's first President was High Court
Justice Richard O'Connor
.
The court was initially less important than the various State
commissions, which had jurisdiction over all disputes which occurred within states. The court's workload was so low that it made only six awards in the first five years of its existence. One of these early awards was the famous Harvester Judgment, delivered by H.B. Higgins, which first introduced the concept of the living wage
(also known as a basic wage). Another of its early acts was to set the standard working week
at 48 hours.
The court was reformed in 1926 following amendments to the Conciliation and Arbitration Act. The changes included replacing the President with a Chief Judge alongside other judges, and ensuring that all cases involving the basic or living wage would be heard by a full bench of the court. The changes also allowed for the appointment of Conciliation Commissioners, with a role similar to mediators
. The court was changed again in 1947 to increase the role of the Commissioners, leaving the judges to conduct the judicial work, and a select few matters of arbitration including the basic wage and the minimum wage for women.
In 1930, the court reduced the standard working week to forty four hours, down from forty eight. During the Great Depression
, the court reduced wages by 10%. In 1947, the working week was reduced again, to forty hours.
The court was abolished in 1956 following a decision of the High Court in the Boilermakers' case
. The High Court held that the Court of Conciliation and Arbitration, as a tribunal
exercising the non-judicial power of arbitration
, could not also exercise judicial power
as a Chapter III Court
. The decision became an important demonstration of the separation of powers in Australia
.
Following the decision, two new bodies were created to emulate the function of the defunct court; the Commonwealth Conciliation and Arbitration Commission (later the Australian Conciliation and Arbitration Commission and the Australian Industrial Relations Commission
) was created to carry out the non-judicial functions, and the Commonwealth Industrial Court (later subsumed into the Federal Court of Australia
) was created to exercise judicial powers.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n court, which had jurisdiction to arbitrate interstate industrial disputes.
The court was created in 1904 by the Conciliation and Arbitration Act 1904
Conciliation and Arbitration Act 1904
The Conciliation and Arbitration Act 1904 was an Australian Commonwealth Government Act "relating to Conciliation and Arbitration for the Prevention and Settlement of Industrial Disputes extending beyond the Limits of any one State", and was assented to on 15 December 1904, almost four years after...
, an Act of the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
. Its functions were the hearing and the arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
of industrial disputes, and to make awards
Award (Australian industrial relations)
An award is a ruling handed down by either Fair Work Australia or by a state industrial relations commission which grants all wage earners in one industry the same conditions of employment and wages....
. It also had the judicial functions of interpreting and enforcing awards and hearing other criminal and civil cases relating to industrial relations law. The court's first President was High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
Justice Richard O'Connor
Richard O'Connor (Australian politician)
Richard Edward O'Connor, QC , Australian politician and judge, was a member of the first federal ministry.-Biography:...
.
The court was initially less important than the various State
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
commissions, which had jurisdiction over all disputes which occurred within states. The court's workload was so low that it made only six awards in the first five years of its existence. One of these early awards was the famous Harvester Judgment, delivered by H.B. Higgins, which first introduced the concept of the living wage
Living wage
In public policy, a living wage is the minimum hourly income necessary for a worker to meet basic needs . These needs include shelter and other incidentals such as clothing and nutrition...
(also known as a basic wage). Another of its early acts was to set the standard working week
Working time
Working time is the period of time that an individual spends at paid occupational labor. Unpaid labors such as personal housework are not considered part of the working week...
at 48 hours.
The court was reformed in 1926 following amendments to the Conciliation and Arbitration Act. The changes included replacing the President with a Chief Judge alongside other judges, and ensuring that all cases involving the basic or living wage would be heard by a full bench of the court. The changes also allowed for the appointment of Conciliation Commissioners, with a role similar to mediators
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
. The court was changed again in 1947 to increase the role of the Commissioners, leaving the judges to conduct the judicial work, and a select few matters of arbitration including the basic wage and the minimum wage for women.
In 1930, the court reduced the standard working week to forty four hours, down from forty eight. During the Great Depression
Great Depression in Australia
Australia suffered badly during the period of the Great Depression of the 1930s. The Depression began with the Wall Street Crash of October, 1929 and rapidly spread worldwide. As in other nations, Australia suffered years of high unemployment, poverty, low profits, deflation, plunging incomes, and...
, the court reduced wages by 10%. In 1947, the working week was reduced again, to forty hours.
The court was abolished in 1956 following a decision of the High Court in the Boilermakers' case
R v Kirby; Ex parte Boilermakers' Society of Australia
R v. Kirby; Ex parte Boilermakers' Society of Australia [1956] HCA 10; 94 CLR 254 was a case in which the High Court of Australia held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions...
. The High Court held that the Court of Conciliation and Arbitration, as a tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
exercising the non-judicial power of arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
, could not also exercise judicial power
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
as a Chapter III Court
Chapter III Court
In Australian constitutional law, Chapter Three Courts or Chapter III Courts are courts of law which are a part of the Australian federal judiciary, and thus are able to discharge Commonwealth judicial power...
. The decision became an important demonstration of the separation of powers in Australia
Separation of powers in Australia
The doctrine of separation of powers refers to the separation of the legislature, the executive and the judiciary. A strict separation is not maintained in Australia, following the Westminster system and the doctrine of responsible government. Nevertheless, it is clear that it has been heavily...
.
Following the decision, two new bodies were created to emulate the function of the defunct court; the Commonwealth Conciliation and Arbitration Commission (later the Australian Conciliation and Arbitration Commission and the Australian Industrial Relations Commission
Australian Industrial Relations Commission
The Australian Industrial Relations Commission, or AIRC , was a tribunal with powers under the Workplace Relations Act 1996. It was the central institution of Australian labour law...
) was created to carry out the non-judicial functions, and the Commonwealth Industrial Court (later subsumed into the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
) was created to exercise judicial powers.