Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 32

32 .         Reference of industrial matters for conciliation

        (1)         Where an industrial matter has been referred to the Commission the Commission shall, unless it is satisfied that the resolution of the matter would not be assisted by so doing, endeavour to resolve the matter by conciliation.

        (2)         In endeavouring to resolve an industrial matter by conciliation the Commission shall do all such things as appear to it to be right and proper to assist the parties to reach an agreement on terms for the resolution of the matter.

        (3)         Without limiting the generality of subsection (2) the Commission may, for the purposes of that subsection — 

            (a)         arrange conferences of the parties or their representatives presided over by the Commission;

            (b)         arrange for the parties or their representatives to confer among themselves at a conference at which the Commission is not present.

        (4)         The Commission shall — 

            (a)         if it gives or makes a direction, order or declaration orally under subsection (3), reduce the direction, order or declaration to writing as soon as is practicable thereafter;

            (b)         preface each direction, order or declaration given or made by it under subsection (3) — 

                  (i)         if so given or made in writing, at the time of that giving or making; or

                  (ii)         if so given or made orally, at the time of the reduction of that direction, order or declaration to writing,

                with a preamble in writing setting out the circumstances which led to the giving or making of that direction, order or declaration; and

            (c)         make the text of each direction, order or declaration given or made by it under subsection (3) and of the preamble thereto available to the parties as soon as is practicable after that giving or making.

        [(5)         repealed]

        (6)         Where the Commission does not endeavour to resolve a matter by conciliation or, having endeavoured to do so — 

            (a)         is satisfied that further resort to conciliation would be unavailing; or

            (b)         is requested by all the parties to the proceedings to decide the matter by arbitration,

                the Commission may decide the matter by arbitration.

        (7)         Where a matter is decided by arbitration the Commission shall endeavour to ensure that the matter is resolved on terms that could reasonably have been agreed between the parties in the first instance or by conciliation.

        (8)         For the purposes of this section the Commission may —

            (a)         give such directions and make such orders as will in the opinion of the Commission — 

                  (i)         prevent the deterioration of industrial relations in respect of the matter until conciliation or arbitration has resolved the matter;

                  (ii)         enable conciliation or arbitration to resolve the matter; or

                  (iii)         encourage the parties to exchange or divulge attitudes or information which in the opinion of the Commission would assist in the resolution of the matter;

            (b)         give any direction or make any order or declaration which the Commission is otherwise authorised to give or make under this Act.

        [Section 32 inserted by No. 94 of 1984 s. 21; amended by No. 119 of 1987 s. 9; No. 3 of 1997 s. 36; No. 20 of 2002 s. 187 and 194(3) and (4).]