Industrial Relations Act 2016

This section applies if a person has started a proceeding for a fair work claim in an Industrial Magistrates Court.

The registrar may refer the fair work claim to conciliation.

The referral of the fair work claim to conciliation—

must be done as soon as practicable after the proceeding for the claim is started; and

must be done before the Industrial Magistrates Court hears the claim; and

should preferably be done before a party to the claim files a defence to the claim.

If the registrar refers the fair work claim to conciliation and a party does not wish to participate in conciliation, the party must notify the registrar of that fact—

as soon as practicable; and

before a conciliation conference starts.

If the registrar is notified under subsection (4)—

the conciliation must not proceed; and

the registrar must—

notify the Industrial Magistrates Court that the conciliation is not proceeding and the reason it is not proceeding; and

refer the matter for hearing by the Industrial Magistrates Court.

The purposes of conciliation are to—

enable the parties to reach agreement on as many matters as possible; and

reduce the scope of the matters at issue between the parties; and

achieve a timely, cost-effective, proportionate and agreed resolution of the fair work claim if possible.

The conciliator appointed for the fair work claim must start conciliating the claim as soon as practicable after being appointed.