The proclamation of Section 28 of the Coal Industry Act 1946 took place on 8 March 1947. It provided for the repeal of Part V of the Coal Production (War-Time) Act 1944, which created the Central Industrial Authority. In its place was created the Coal Industry Tribunal (CA 642). The Tribunal was established "as an arbitration authority to deal with industrial matters in the industry affecting members of the Miners' Federation. Members of other unions engaged in the industry come within the jurisdiction of a system of Central and Local Reference Boards established under the National Security (Coal Mining Industry Employment) Regulations issued by the Commonwealth under the defence powers. The Coal Industry Tribunal (Mr F.H. Gallagher) was also Chairman of the Central Reference Board. The Tribunal has the power of the Industrial Commission of New South Wales with regard to all interstate matters and of the Commonwealth Arbitration Court in regard to all interstate matters" (1st Annual Report of the Joint Coal Board, Commonwealth Parliamentary Papers 1947-48,p.4).

The Act stated that the Government was empowered to appoint a person to constitute the Coal Industry Tribunal. That person was to be a Practicing Barrister or solicitor of the High Court or of the Supreme Court of a State. The person constituting the Tribunal was to be appointed for a term of seven years, being eligible for reappointment. The Tribunal was to have cognizance of:

 (a) any industrial dispute, extending beyond the limits of any one
     State, between the Federation on the one hand and employers or
     associations of employers on the other hand referred to it by
     the Federation or the employers or associations parties thereto
     or by the Board;
 (b) any industrial dispute in the State, not extending beyond the
     limits of the State, between the Federation on the
     one hand and employers or associations of employers
     on the other hand, referred to it by the Federation or
     the employers or associations parties thereto or by the
     Board;
 (c) any industrial matter arising under any award of the
     Court or of the Tribunal relating to the coal-mining
     industry in the State referred to it by the Federation or the
     employers or associations affected by the matter or
     by the Board;
 (d) any industrial dispute or matter referred to it by a Local 
     Coal Authority; and
 (e) any other matter affecting industrial relations in that
     industry which the Board declares is in the public interest
     proper to be dealt with under this Act.
 
The Act stated that the Tribunal was to have power to consider and determine:
   any industrial dispute or any matter of which it has cognizance
   and for that purpose, is to have (in addition to any other powers
   conferred on it by the Act or a State Act) all powers which are
   given to the Court or the Chief Judge of the Court as regards an
   industrial dispute.

The Tribunal was to act according to equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms, and was not bound by any rules of evidence, but may inform its mind on any matter in such manner as it thinks just.
It was to have power to refer to a Local Coal Authority for
investigation and report any industrial dispute or matter within the cognizance of the Tribunal.
 
The Tribunal was to have power to refer to a Local Coal Authority for settlement any such industrial dispute or matter or part thereof. It was not to exercise with respect to any matter which it determines is a local matter, any of the powers specified above unless the dispute was likely, in the view of the Tribunal, to lead to industrial unrest in other localities, but was to refer that local matter to the appropriate Local Coal Authority for settlement.

The Tribunal was able to make its own rules of procedure.

The Tribunal was to have the power:
 
   on the application of any original party to an industrial dispute, or without such application, at any stage of the dispute to appoint two assessors for the purpose of advising it in relation to the dispute, and the assessors were to discharge such duties as were directed by the Tribunal. One of the assessors was to be a person nominated by the Federation, and the other shall be a person    nominated by the parties to the dispute as in the opinion of the Tribunal have interests in common with the employers.

Any award or order made by the Tribunal in respect of a matter which was within the jurisdiction of the Court was to be binding on the parties, filed in the Court and have effect in all respects and be enforceable as if it were an award or order of the Court. At a hearing before the Tribunal, an agreement between the parties to any industrial dispute was to be filed in the Court and thereupon have effect in all respects and be binding on the parties and enforceable as if it were an award of the Court.

The Act stated that:
 
 (1) The Tribunal is to have power to appoint persons to be Local
     Coal Authorities in the State.
 (2) The terms and conditions of employment (other than as to 
     tenure of office) of a Local Coal Authority are to be such as
     the Tribunal, with the concurrence of the Board, determines.  
 (3) A Local Coal Authority is to exercise its power within such
     limits as to locality or other wise as are specified by the
     Tribunal.
 (4) The term of office of a Local Coal Authority shall be for a
     period specified in the instrument of appointment not exceeding
     three years from the date of appointment.
 (5) The Tribunal is to have power to remove a person holding
     office as a Local Coal Authority from office for misbehaviour
     or incapacity.

"The legislation which established the Tribunal provides that the Tribunal may appoint Local Coal Authorities to assist it in the settlement of Local industrial disputes in New South Wales. Boards of Reference, constituted under the provisions of the relevant Australian Government awards, have similar functions in Queensland". (Australian Government Directory 1975, p.184)

In March 1950, the Tribunal came under the responsibility of the Minister for Labour and National Service, thus leaving responsibility for labour and for production and research in the hands of separate Departments. For around two years the system of reference boards and NSW local coal authorities continued side by side under the Tribunal, but by 1953 the reference boards in NSW ceased to exist, their function being assumed by the local coal authorities, while in the other states the WA Board was abolished by 1953, the Tasmanian by 1958 and the Victorian by 1961. Only the Queensland Board was in operation by 1976.

The first Coal Industry Tribunal was Mr Justice F. Gallagher, who served from 8 March 1947 to 9 February 1975. He was succeeded on 10 February 1975 by Mr D.A. Duncan. The Tribunal was served by the Joint Coal Board (CA 154).

The Tribunal ceased to exist on 30 June 1995 and its function was transferred to the Australian Industrial Relations Commission. Control of the Tribunal's records passed to the Australian Industrial Registry, NSW (CA 891).


Historical agency address
by 1950-1970: Phillip House, 119 Phillip Street, Sydney, NSW
by 1970-by 1993: La Salle Building, 70 Castlereagh Street, Sydney,
                 NSW
1993- : Level 14, 80 William Street, East Sydney, NSW 
Legislation administered
Creation: Commonwealth of Australia Acts No. 40 of 1946, Coal Industry Act 1946
Abolition: Commonwealth of Australia Acts No. 2 of 1994, Industrial Relations Legislation Amendment Act 1994

Previous agency unregistered

Central Industrial Authority 
by 1950: Subordinate Local Coal Reference Boards