Industrial Relations Act 1996

If subsection (2) or (3) applies or the Commission has reasonable cause to believe that it applies, the Commission may summon a person to a compulsory conference—

to confer, or

to give evidence, or

to produce documents or exhibits,

For the compulsory conference, the Commission may require the attendance of any person whose presence the Commission considers would help in the settlement of the industrial dispute, including a person involved in the contractual chain that relates to the dispute.

A compulsory conference must be presided over by a member of the Commission.

The Commission must first attempt to settle the industrial dispute by conciliation.

During conciliation proceedings, the Commission may—

make a recommendation or give a direction to the parties to the dispute, and

make a recommendation to a person referred to in subsection (1A).

Failure to comply with a recommendation may be taken into account by the Commission in exercising the Commission’s functions under this Act, including in relation to a decision to vary or rescind a contract determination.

This subsection applies if an association registered under this chapter or a bailor or a principal contractor becomes aware of an industrial dispute that relates to a contract of bailment or a contract of carriage, including a contract of bailment or a contract of carriage that has been terminated.

This subsection applies if an industrial dispute arising from the reorganisation of the business of a principal contractor affects, or is likely to affect, the number of carriers used by the principal contractor or their remuneration.

At a compulsory conference, the Commission is to investigate the merits of the matter concerned, irrespective of whether or not industrial action is taking place.

If the Commission considers that all reasonable steps have been taken to resolve the industrial dispute by conciliation, the Commission may do one or both of the following—

make a contract determination expressed to be an interim determination made under this subsection,

make another order or exercise another function the Commission considers appropriate to resolve the dispute.

An interim determination made under subsection (5)(a)—

may be expressed in the terms the Commission considers appropriate, including terms to restore or maintain the conditions existing between the parties immediately before the occurrence of the events giving rise to the industrial dispute, and

remains in force for the period specified by the Commission in the interim determination.

An interim determination or an order the Commission makes under subsection (5)(b) may apply to one or more parties to the industrial dispute, including a person involved in the contractual chain that relates to the dispute.

The Commission must not exercise a function under subsection (5) if, in the Commission’s opinion, the exercise would interfere with the reasonable commercial arrangements of the parties to a contract or arrangement in a contractual chain.