61Private conciliation and arbitration

### 61 Private conciliation and arbitration > > (1)  [*\[Section 61 Subsection (1) amended by No. 25 of 2007, s. 9, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS9@Hpb@EN) [*\[Section 61 Subsection (1) amended by No. 25 of 2007, s. 9, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS9@Hpa@EN) Where the President is of the opinion that it is desirable to do so for the purpose of resolving an industrial matter concerning 2 or more parties, he may, at the written request of all those parties, appoint a Commissioner to conduct a conciliation or an arbitration in respect of that industrial matter, subject to the parties agreeing to accept the Commissioner's decision on the conciliation or arbitration as final. > > > (2)  [*\[Section 61 Subsection (2) amended by No. 25 of 2007, s. 9, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS9@Hpd@EN) [*\[Section 61 Subsection (2) amended by No. 25 of 2007, s. 9, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS9@Hpc@EN) All proceedings relating to a conciliation or an arbitration pursuant to this section shall be conducted in private and any record of those proceedings shall be supplied by the Commission only to the parties to that conciliation or arbitration. > > > (3)  [*\[Section 61 Subsection (3) amended by No. 25 of 2007, s. 9, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS9@Hpe@EN) In conducting a conciliation or an arbitration pursuant to this section, a Commissioner shall have regard to the matters specified in [section 20](#GS20@EN) [(1)](#GS20@Gs1@EN) and to any principles previously determined by a Full Bench and which still have application. > > > (4)  The decision of a Commissioner acting pursuant to this section shall not be applied as an award or order of the Commission, but may be incorporated in, or form, an agreement made pursuant to [section 55](#GS55@EN) [(1)](#GS55@Gs1@EN) .