During the final decade of the 19th century, Australia was beset by widespread industrial unrest. The bitter conflict between capital and organised labour gave rise to the belief that industrial peace would never be restored unless enforced by a third party. The result was the Commonwealth Conciliation and Arbitration Act 1904, which set up the Commonwealth Court of Conciliation and Arbitration, an independent tribunal, with powers to prescribe pay and conditions of employment in prevention and settlement of industrial disputes. From then on, employers and trade unions were to communicate their respective claims by way of the Court rather than face to face.
