Industrial Relations (Tribunals) Rules 2011
sec.181Mediation by commission
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sec.181 Mediation by commission
The steps the commission may take as mediator in an industrial cause under section 263 of the Act include conferring with the parties to the cause to the extent necessary— to help the parties resolve the matter or dispute; or to ensure all avenues of resolution have been explored before proceeding to arbitration; or to facilitate the conduct of any necessary arbitration proceedings by exploring ways of effectively conducting hearings; or to help the parties resolve any other outstanding issues. The commission may resolve other outstanding issues only if— the commission considers the mediation is desirable in the public interest; and all parties to the industrial cause— consent; and agree on the specific issues to be dealt with in the consultation process; and agree to accept any resolution achieved by the process, including consenting to any formal orders. The commission may direct a record be taken of the mediation. The consent of a party to the commission resolving other outstanding issues can not be withdrawn other than with the leave of the commission. The outcome of the mediation— may be incorporated in the record or issued separately in writing; and may be given effect— by an order of the commission; or in another way the commission considers appropriate. The commission may stop acting under this rule at any time. This rule does not limit the jurisdiction of, or the obligations placed on, the commission under chapter 6 , part 3 of the Act . r 181 amd 2017 SL No. 26 s 80 (sec.181-ssec.1) The steps the commission may take as mediator in an industrial cause under section 263 of the Act include conferring with the parties to the cause to the extent necessary— to help the parties resolve the matter or dispute; or to ensure all avenues of resolution have been explored before proceeding to arbitration; or to facilitate the conduct of any necessary arbitration proceedings by exploring ways of effectively conducting hearings; or to help the parties resolve any other outstanding issues. (sec.181-ssec.2) The commission may resolve other outstanding issues only if— the commission considers the mediation is desirable in the public interest; and all parties to the industrial cause— consent; and agree on the specific issues to be dealt with in the consultation process; and agree to accept any resolution achieved by the process, including consenting to any formal orders. (sec.181-ssec.3) The commission may direct a record be taken of the mediation. (sec.181-ssec.4) The consent of a party to the commission resolving other outstanding issues can not be withdrawn other than with the leave of the commission. (sec.181-ssec.5) The outcome of the mediation— may be incorporated in the record or issued separately in writing; and may be given effect— by an order of the commission; or in another way the commission considers appropriate. (sec.181-ssec.6) The commission may stop acting under this rule at any time. (sec.181-ssec.7) This rule does not limit the jurisdiction of, or the obligations placed on, the commission under chapter 6 , part 3 of the Act .