Commonwealth Court of Conciliation and Arbitration and the Boilermakers' decision[edit]

The Commonwealth Court of Conciliation and Arbitration, a court created in 1904 to hear and arbitrate industrial disputes, and to make awards, was abolished in 1956 following the 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.

Commonwealth Conciliation and Arbitration Commission[edit]

Following the decision, two new bodies were created to emulate the function of the defunct court; the Commonwealth Conciliation and Arbitration Commission was created to carry out the non-judicial functions, and the Commonwealth Industrial Court (which would later be subsumed into the Federal Court of Australia) was created to exercise judicial powers.


Throughout its time the Commission created Awards which covered a whole raft of industries. These Awards with Awards made by Industrial Relations Commissions of the respective six states of Australia acted as the unique system of minimum wage setting in Australia. The Commission also registered a large number of trade unions to assist in the Award formation process.


The Commission is famous for its cases on equal work and equal pay, as well as decisions on unfair dismissal, and redundancy pay.


One issue which dogged the Commission was that of what "pertained to the relationship between employer and employee". This had been a question of importance, since the Constitution required the Commission settle industrial disputes. These disputes were later categorised as a "dispute about matters which pertained to the relationship between employer and employee." The question continued to surface and in 2004 the High Court of Australia in the case of Electrolux v AWU applied the question (which had historically been applied to Awards) to Enterprise Bargaining Agreements. This led to around 6 months of industrial confusion until the Australian Industrial Relations Commission handed down the landmark decision of the Schefenacker, the Murray Bridge and the La Trobe University certified agreements ('the three certified agreements case').^[1] It was seen by many as fitting that the last significant decision made by the Australian Industrial Relations Commission was to conclusively determine which matter did or did not pertain.