Commonwealth Conciliation and Arbitration

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Hawke's (1956) paper on the Commonwealth Arbitration Court, from the Bob Hawke Collection, RH37

Commonwealth Conciliation and Arbitration Court

After Federation, the first Labor Party national Government in Australia advanced a landmark Conciliation and Arbitration Bill, which was passed by the succeeding Government in 1904. The legislation was an attempt to constitute a Court of Conciliation and Arbitration with national jurisdiction for the prevention and settlement of industrial disputes.

The Court heard and arbitrated industrial disputes and created Awards, but it would not be until January 1948 that the Commonwealth Arbitration Court approved a five-day, 40-hour working week for all Australians.

While a PhD student at the Australian National University in 1956, Bob Hawke wrote a paper exploring the evolution of the Arbitration Court.

🡕 This thesis is available to read online.

Boilermarkers' Case and the Commonwealth Conciliation and Arbitration Commission

In R v. Kirby; ex parte Boilermakers’ Society of Australia (“Boilermakers’ case”) [1956] the High Court ruled that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It was a landmark ruling dealing with the separation of powers in Australian law.

The Boilermakers’ case related to the powers of the Commonwealth Court of Conciliation and Arbitration under the Commonwealth Conciliation and Arbitration Act 1904 and resulted in the abolition of the Court and the creation of two new bodies: the Conciliation and Arbitration Commission and the Commonwealth Industrial Court.

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ACTU Recommendation on the Operation of the Commonwealth Conciliation and Arbitration (1971), from the Bob Hawke Collection, RH56/3/Conciliation and Arbitration Act

Hawke and the Commonwealth Conciliation And Arbitration Commission

The role of the Commonwealth Conciliation and Arbitration Commission was to create industrial awards and settle interstate industrial disputes. The Awards, along with the Awards made by the Industrial Relations Commissions of the respective states, acted as a system of minimum wage setting in Australia.

The Commission heard specific industrial claims for wages and conditions and National Wage Cases for general working conditions across industries. The Australian Council of Trade Unions (ACTU) supported and advocated on behalf of unions and workers in these cases.

In 1956, Robert James Lee Hawke began his career at the ACTU as a Research Officer and would act as Advocate in cases, and in 1969 he was elected President of the ACTU.

In 1973, the Commonwealth Conciliation and Arbitration Commission was renamed the Australian Conciliation and Arbitration Commission.

Sources

For information on the library's collection, visit the Bob Hawke Guide or explore the Bob Hawke Collection.

Commonwealth Conciliation and Arbitration