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INDUSTRIAL RELATIONS ACT 1996 - SECT 134 Conciliation of dispute

INDUSTRIAL RELATIONS ACT 1996 - SECT 134

Conciliation of dispute

134 Conciliation of dispute

(1) Commission to assist parties The Commission, when attempting the conciliation of an industrial dispute, is to do everything that seems to be proper to assist the parties to agree on terms for the resolution of the dispute.
(2) Recommendations or directions During conciliation proceedings, the Commission may make a recommendation or give a direction to the parties to the industrial dispute. Failure to comply with any such recommendation or direction may not be penalised but may be taken into account by the Commission in exercising its functions under this Act.
(2A) Without limiting subsection (2), the Commission may make a recommendation to the parties to undertake mutual gains bargaining under Chapter 2A.
(3) Conferences The action that may be taken by the Commission to assist the parties includes making arrangements or giving directions for the convening and conduct of conferences of the parties or their representatives (whether or not compulsory conferences and whether or not presided over by a member of the Commission).
(4) Good faith bargaining The Commission, when dealing with an industrial dispute, must consider whether the parties have bargained in good faith and, in particular, whether the parties have--
(a) attended meetings they have agreed to attend, and
(b) complied with agreed or reasonable negotiating procedures, and
(c) disclosed relevant information for the purposes of negotiation.
The Commission may make recommendations or give directions to the parties to bargain in good faith.