135Arbitration after attempted conciliation

#### 135 Arbitration after attempted conciliation 135 Arbitration after attempted conciliation > > (1) The Commission is to deal with an industrial dispute by arbitration only if it is not resolved by conciliation. > > > (2) Arbitration by the Commission is not to proceed until the Commission has issued a certificate that reasonable attempts have been made to resolve the industrial dispute by conciliation (certificate of attempted conciliation). > > > (3) A certificate of attempted conciliation is to be provided to the President of the Commission unless the Commission is constituted by the President. > > > (4) When determining whether to issue a certificate of attempted conciliation, the Commission must consider the effect that any industrial action in connection with the industrial dispute is having on the parties and the public generally. In particular, the Commission must give urgent consideration to the effect of industrial action in connection with a demarcation dispute. > > > (5) A certificate of attempted conciliation may be issued on the Commission’s own initiative or on application by any person authorised to notify the Commission of the industrial dispute. > > > (6) The Commission must, without delay, issue a certificate of attempted conciliation on the application of any such person if the person satisfies the Commission that there is no reasonable likelihood that the dispute will be resolved by conciliation. > > > (7) The Commission must, without delay, issue a certificate of attempted conciliation if the Commission decides that industrial action or duress necessitates the exercise of its arbitral powers. > > > (8) The parties to the proceedings are to be provided with a copy of any certificate of attempted conciliation. > > > (9) Nothing in this Act prevents the exercise of conciliation powers merely because arbitration powers have been exercised under this Act. > > **s 135:** Am 2016 No 48, Sch 1 \[6\]; 2023 No 41, Sch 1.2\[6\] \[7\].