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The Conciliation and Arbitration Bill (1903 & 1904) [2] was drafted by Charles Kingston, Australia's pioneer of compulsory arbitration, drawing on New Zealand's Industrial Conciliation and Arbitration Act 1894. Kingston was a Minister in Deakin's Protectionist Government, which was supported by the Labour Party.
Whether State railways employees should be covered by the Commonwealth Conciliation and Arbitration Bill was a politically contentious issue. When the Australian Labor Party sought to amend the Conciliation and Arbitration Bill to cover State railway employees, a number of radicals in Deakin's government supported the amendments and helped bring down the government, with Labor forming a ...
The Australian Boot Trade Employees Federation, a registered union sought the assistance of the Commonwealth Court of Conciliation and Arbitration under the Commonwealth Conciliation and Arbitration Act 1904, [15] in relation to what the union said was an industrial dispute with boot manufacturers that extended beyond the limits of any one ...
The Commonwealth Conciliation and Arbitration Commission was created in 1956 to carry out the non-judicial functions. [4] It was renamed the Australian Conciliation and Arbitration Commission in 1973, [5] the Australian Industrial Relations Commission in 1988, [6] Fair Work Australia in 2010, [7] and the Fair Work Commission in 2012. [8]
The Court of Arbitration was a specialist employment court in New Zealand that dealt with industrial relations disputes from 1894 to 1973. The Industrial Conciliation and Arbitration Act 1894 created a compulsory arbitration system for resolving industrial disputes. Part of this involved the creation of the Court of Arbitration.
Awards are the end product of the processes of conciliation and arbitration where an industrial tribunal makes an award in settlement of an industrial dispute. Whereas awards are legally binding on all parties to the dispute which are named in the award, with common rule awards all employers in the industry or occupation covered by the award ...
Because the power conferred by the Commonwealth Conciliation and Arbitration Act 1904-1915 [5] was part of the judicial power of the Commonwealth, the Commonwealth Court of Conciliation and Arbitration could only do so if the Arbitration Act complied with the requirements of a Chapter III court.
In case the consensus is not reached within this timeframe, and if the parties have previously consented to arbitration, an ad hoc arbitral tribunal can be established, whose decision holds legal weight over the Parties. Additionally, arbitration proceedings can be commenced through mutual agreement among the concerned States parties. [3] [5]