Industrial Relations Act 2016

This section applies if a person has started a proceeding for an unpaid amount claim.

The registrar may refer the unpaid amount claim to conciliation.

The referral of the unpaid amount claim—

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

must be done before the industrial tribunal for the claim hears it; and

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

If the registrar refers the unpaid amount 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 tribunal for the unpaid amount claim that the conciliation is not proceeding and the reason it is not proceeding; and

refer the matter for hearing by the industrial tribunal.

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 unpaid amount claim if possible.

The conciliator appointed for the unpaid amount claim must start conciliating the claim as soon as practicable after being appointed.