Industrial Relations Act 2016

This section applies if—

there is an industrial dispute between—

an employee organisation; and

1 or more employers or employer organisations; and

the parties to the dispute have agreed in writing (the referral agreement) that the dispute, or disputes of a class to which the dispute belongs, is or are to be resolved by the commission.

A party to the dispute may apply to the commission for the commission to perform the functions (the dispute resolution functions) for resolving the dispute under the referral agreement.

If an application is made under subsection (2), the commission may perform the dispute resolution functions.

Without limiting subsections (2) and (3), the dispute resolution functions may include 1 or more of the following—

conciliating the dispute;

arbitrating the dispute;

granting a remedy or other relief of the kind provided for under chapter 8, part 2, division 2 or this part;

deciding another issue or question arising in the dispute.

A decision made by the commission in performing the dispute resolution functions binds the parties to the dispute only if the referral agreement provides 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.