Employment Dispute Resolution Act 2008

Two or more parties may enter into an agreement in writing (a referral agreement) that a particular employment dispute, or employment disputes of a particular class, between the parties may be resolved by the IR Commission.

The parties to a referral agreement may be —

an employer or group of employers; or

an employee or group of employees; or

an organisation of employees; or

an organisation of employers.

The referral agreement may specify circumstances in which an individual is entitled to act on behalf of a group of employees or group of employers.

The referral agreement may specify the functions that may be performed by the IR Commission in relation to any employment dispute or class of employment dispute to which the referral agreement relates.

Without limiting subsection (4), the functions of the IR Commission may include any of the following —

mediating or conciliating the employment dispute;

arbitrating the employment dispute;

providing a remedy or other relief of the kind that may be provided under the IR Act Part II Division 2;

deciding any other issue or question arising in the employment dispute.

A referral agreement —

comes into force —

if a commencement date is specified in the agreement — on that date; or

otherwise — on the date on which it is made;

remains in force until —

if an expiry date is specified in the agreement but all the parties agree to withdraw from the agreement prior to that date — the date on which the parties agree to withdraw; or

if an expiry date is specified in the agreement and subparagraph (i) does not apply — that expiry date; or

otherwise — the third anniversary of the date on which the agreement came into force.

The expiry of a referral agreement does not affect a referral proceeding commenced under that agreement before the expiry.

A party cannot withdraw from a referral agreement without the agreement in writing of the other party or parties to the agreement.