Industrial Relations Act 2016

If an application is made under section 309, the commission must hold a conference to attempt to settle it by conciliation before it hears the application.

The commission may, by written notice, require the applicant, employee or employer to attend the conference at a stated time and place.

If the commission is satisfied all reasonable attempts to settle the matter by conciliation have been, or are likely to be, unsuccessful, it must issue a written certificate to that effect.

Also, if the commission considers, taking into account all the material before it, that arbitration of the dispute under section 313 would not have a reasonable prospect of success, the commission must advise the parties accordingly.