Dispute resolution[2]
8 Dispute resolution[2]
Sch. 1 Pt 2 cl. 8(1) amended by S.R. No. 4/2021 reg. 7(d).
Part 5 of the Act provides a process for the resolution of disputes between hirers and contractors, including mediation by the Small Business Commission. If this does not successfully resolve the dispute, the party who notified the dispute may refer the matter to the Tribunal for determination.
Sch. 1 Pt 2 cl. 8(2) amended by S.R. No. 4/2021 reg. 11(1)(2).
However, except in urgent circumstances, parties should first seek to resolve any dispute between themselves informally before using the disputes process provided under the Act. Work should continue as normal while the parties attempt to resolve the dispute.
Best Practice
If a dispute arises, the aggrieved party should do the following—
notify the other party of their concerns when the issue arises;
advise the other party what they would like to happen to resolve the dispute;
provide a reasonable time period for resolution;
accept any invitation to meet with the other party to attempt to resolve the dispute;
act professionally and courteously at all times;
continue to perform or offer services as normal while the dispute is being dealt with;
ensure services are being performed in a safe manner;
Sch. 1 Pt 2 cl. 8(2)(h) substituted by S.R. No. 4/2021 reg. 11(3).
attempt to use any process agreed between the parties for the resolution of disputes.
If an unforeseen event occurs beyond the parties' control (such as a road closure) the parties should work together to find a way of dealing with the situation that is fair and equitable.
Mandatory Requirement
A party to a dispute must not insist that the other party exhaust any process agreed between the parties for the resolution of disputes before referring the dispute to the Small Business Commission.
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