Australian Industrial Relations Commission replaces Commonwealth Court of Conciliation and Arbitration
History
Commonwealth Court of Conciliation and Arbitration and the Boilermakers' decision
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.