Power to refer dispute to arbitration
18 Power to refer dispute to arbitration
If a dispute is not resolved by conciliation after the Commission has made reasonable attempts to do so, or if it appears unlikely that a dispute can be resolved by conciliation, or, in any event, if the dispute is not resolved within 6 months after the referral of the dispute to the Commission under section 16, the Commission may refer the dispute to arbitration.
The
Commission need not refer a dispute to arbitration if, in the
Commission's opinion—
the subject-matter of the dispute is trivial, misconceived or lacking in substance; or
the parties have not negotiated in good faith; or
there are other good reasons why the dispute should not be referred to arbitration.
The arbitrator is to be a person selected by the Commission after consultation with the parties to the dispute and must be a person who—
is independent of the parties to the dispute; and
is not subject to the control or direction of the South Australian
Government in any capacity; and
is properly qualified to act in the resolution of the dispute; and
has no direct or indirect interest in the outcome of the dispute.
If for some reason an arbitrator does not complete an arbitration, the
Commission may, after consultation with the parties, make a fresh appointment.
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