Employment Dispute Resolution Act 2008

If a referral is made under section 13(1), the IR Commission may —

perform the functions that are specified in the referral agreement, and any other functions that the parties agree may be performed by the IR Commission or that in the opinion of the IR Commission are consistent with the functions specified in the referral agreement; and

allow the referral agreement or the referral to be amended on such terms as are agreed to by the parties; and

unless specifically excluded in the referral agreement exercise the powers set out in the IR Act section 27(1)(b), (e), (f), (h), (ha), (hb), (m) and (v).

Unless specifically excluded in the referral agreement, the IR Act sections 22B and 26(1)(a) and (b) apply in the performance of the IR Commission’s functions under this Division.

The IR Commission —

must have regard to any request of a party made to the IR Commission; and

if the IR Commission is of the opinion that compliance with the request is practicable and consistent with resolving the employment dispute in an expeditious, convenient and informal way, must endeavour to comply with the request.