Industrial Relations Act 2016

If the parties to an industrial cause agree in writing, the parties may ask the commission to assist the parties in negotiating or resolving a matter relevant to the industrial cause (a facilitation request), whether or not the matter is within the jurisdiction of the commission.

The facilitation request must be agreed between the parties, and may—

be in the form agreed between the parties; and

include a request about how the matter may be resolved, including, for example, by—

facilitating negotiations or discussions between the parties; or

deciding an issue or question relating to the matter; or

conciliation; or

arbitration; and

be amended by agreement between the parties at any time.

On receiving a facilitation request, the commission may provide the assistance requested by the parties.

A decision made by the commission in providing the assistance binds the parties to the industrial cause only if the parties agree, in writing, for the decision to bind the parties.

This section does not limit a function or power of the commission under another provision of this Act to conciliate, arbitrate or otherwise decide a matter.