Industrial Relations Act 1996

Commission to assist parties The Commission, when attempting the conciliation of an industrial dispute, is to do everything that seems to be proper to assist the parties to agree on terms for the resolution of the dispute.

Recommendations or directions During conciliation proceedings, the Commission may make a recommendation or give a direction to the parties to the industrial dispute.

The Commission may make the recommendation or give the direction regardless of whether a party to the industrial dispute consents or agrees with the making of the recommendation or the giving of the direction.

A party’s failure to comply with a recommendation or direction may not be penalised but may be taken into account by the Commission in exercising the Commission’s functions under this Act.

A party that does not comply with a recommendation or direction must, in the time determined by the Commission, give written reasons to the Commission for not complying.

Without limiting subsection (2), the Commission may make a recommendation to the parties to undertake mutual gains bargaining under Chapter 2A.

Conferences The action that may be taken by the Commission to assist the parties includes making arrangements or giving directions for the convening and conduct of conferences of the parties or their representatives (whether or not compulsory conferences and whether or not presided over by a member of the Commission).

Good faith bargaining The Commission, when dealing with an industrial dispute, must consider whether the parties have bargained in good faith and, in particular, whether the parties have—

attended meetings they have agreed to attend, and

complied with agreed or reasonable negotiating procedures, and

disclosed relevant information for the purposes of negotiation, including information about gender equality in the workplace for the employees concerned necessary to enable the other parties to make informed contributions to negotiations.