NCJ Number
96506
Date Published
1982
Length
24 pages
Annotation
This overview of the Australian industrial relations scene covers federal and state tribunals that handle industrial disputes, conciliation procedures, relationships between the tribunals and the governments, compulsory arbitration, the unions' role, and interest arbitration.
Abstract
The Australian Conciliation and Arbitration Commission is the predominant tribunal. It is composed of a president, 10 deputy presidents, and 25 commissioners appointed by the central government. The law requires that when an employer or a union become aware of a dispute, they must report it to the Commission and that the first step must be conciliation. In reality, conciliation occurs not only prior to arbitration, but during the arbitration hearing. Three types of proceedings come before the Commission: factory disputes, industry disputes when a claim is made to cover wages and working conditions for a whole industry, and national wage cases which affect the whole economy. The Australian system contains some degree of compulsion, although conciliation is most significant. Organization of both employees and employers is central to the system, because the dispute making and settling require representation. The theme of public interest runs through the statute creating the commission, particularly in its reference and appeal provisions. The commission, however, has never defined the expression 'public interest.' The tribunals' jurisdiction is limited: they normally cannot act on the motion of an individual, and their power to interfere with managerial rights is restricted. The commission's Principles of Wage Determination and details of the Metal Industries Award 1971 are appended.