Div 2Processes when constituted as an industrial relations commission

Division 2—Processes when constituted as an industrial relations commission 18—Advertisement of applications (1) Before SAET deals with the subject matter of an application, SAET must satisfy itself that reasonable notice of the substance of the application and the day and time it is to be heard has been given. (2) The substance of an application and the day and time it is to be heard must be— (a) advertised in the manner prescribed in the rules of SAET; or (b) communicated to all persons who are likely to be affected by a determination in the proceedings or their representatives. 19—Provisions of award etc relevant to how SAET intervenes in dispute If the parties to an industrial dispute are bound by an award or an enterprise agreement that provides procedures for preventing or settling industrial disputes between them, SAET must, in considering whether, when or how it will exercise its powers in relation to the industrial dispute, have regard to— (a) the procedures contemplated by the parties for preventing or settling industrial disputes; and (b) the extent the procedures (if applicable to the industrial dispute) have been complied with by the parties and the circumstances of any compliance or non‑compliance with the procedures. 20—Voluntary conferences (1) SAET may, if it appears desirable, call a voluntary conference of the parties involved in an industrial dispute. (2) A person who attends a voluntary conference called under this section is, on application to the Registrar, entitled to be paid an amount certified by the person presiding at the conference to be reasonable, having regard to the conduct of the person both before and at the conference and to the expenses and loss of time incurred by the person. (3) The amount certified under subsection (2) will be paid out of money appropriated by Parliament for the purpose. 21—Compulsory conference (1) SAET may, if it appears desirable, call a compulsory conference of the parties involved in an industrial dispute. (2) SAET may summon the parties to the dispute and any other person who may be able to assist in resolving the dispute to appear at the conference. (3) A compulsory conference may, at the discretion of SAET, be held in public or in private or partly in public and partly in private. (4) A person who fails to attend a compulsory conference as required by SAET's summons or who, having attended, fails to participate in the conference as required by the person presiding at the conference commits a contempt of SAET. (5) A person who attends a conference as directed by the person presiding at the conference will, on application to the Registrar, be entitled to be paid an amount certified by the person presiding at the conference to be reasonable, having regard to the conduct of the person both before and at the conference and to the expenses and loss of time incurred by the person. (6) The amount certified under subsection (5) will be paid out of money appropriated by Parliament for the purpose. 22—Reference of questions for determination (1) The person presiding at a compulsory conference may, after giving reasonable notice to the persons attending at the conference, refer the subject matter of the conference for determination by SAET (which may be constituted of the person who presided at the conference under this Part). (2) A matter may be referred for determination by SAET under subsection (1) orally and without formality. (3) An order of SAET on a reference under subsection (1)— (a) is binding only on persons represented before SAET or summoned to appear at the conference; and (b) if the parties to the industrial dispute are bound by an enterprise agreement, may not affect the terms of the agreement. 23—Experience gained in settlement of dispute After the settlement of an industrial dispute, SAET may invite the parties to the dispute to take part in discussions with a view to— (a) improving the process of conciliation and arbitration in accordance with the objects of this Act; and (b) encouraging the parties to agree on procedures for preventing or settling further disputes by discussion and agreement; and (c) deciding whether it would be appropriate for the parties to regulate their relationship by making an enterprise agreement or amending the terms of an existing enterprise agreement to provide more adequate means of dispute prevention or resolution.