Industrial Relations Act 2016

This section applies if—

the commissioner conciliating the matter (the conciliating member) considers—

a negotiating party has tried to negotiate with the other parties; or

if the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties; and

the conciliating member—

is satisfied the negotiating parties have been negotiating for at least the minimum period; and

does not consider there is a reasonable likelihood of further conciliation or negotiation resulting in the parties reaching agreement on the matters at issue within a reasonable period.

The conciliating member may refer the matter to arbitration by giving written notice of the referral to the president and each negotiating party.

The notice of the referral must not include any information other than—

the names of the negotiating parties; and

a statement that conciliation has not been successful and the matter is referred to arbitration.

In this section—

minimum period means the later of the following periods to end—

6 months from the nominal expiry date of a certified agreement or bargaining award that applies to the parties;

3 months from the day conciliation of the matter started.