41Dispute resolution to be conducted by the Commission under Part 13 of the Act or a pre‑reform instrument

41 Dispute resolution to be conducted by the Commission under Part 13 of the Act or a pre‑reform instrument

(1) An application under subsection 696 (5), 699 (1), 704 (1) or 709 (1) of the Act to have the Commission conduct a dispute resolution process must be in accordance with Form 5 of Schedule 1 to the Regulations.

Note For convenience, Form 5 of Schedule 1 to the Regulations is appended as part of these Rules and follows Form R36.

(2) An application to have the Commission conduct a dispute resolution process under a pre‑reform instrument (certified agreement or Australian Workplace Agreement) must be in accordance with Form R37.

(3) Where all parties to the dispute wish to have the dispute resolution process conducted by a particular member or members of the Commission an application lodged in accordance with subrule (1) may, with the consent of all parties to the dispute, include a request that the matter be allocated to that member or members.

Note It is advisable to nominate more than one member in case the preferred member is not available.

42 Disputes under Model Dispute Resolution Process – Notification to the Industrial Registrar where parties unable to agree on a provider

Notification under subsection 696 (3) of the Act to the Industrial Registrar where parties are unable to agree on a provider must be in accordance with Form R38.