Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 178

178 Consent application for arbitration

(1) All of the negotiating parties may apply to the commission for arbitration of the matter.

(2) The application must state—

(a) whether the negotiating parties agree on the aspects of the matter that are at issue between the parties; and

(b) if the parties agree—the aspects of the matter that are at issue between the parties; and

(c) if the parties agree—the full bench may refer arbitration of the matter to a commissioner sitting alone.

(3) The commission must consider the application and decide to grant or refuse to grant the application.

(4) The commission may grant the application only if satisfied—

(a) a negotiating party has tried to negotiate with the other parties; or

(b) if the negotiating parties have been negotiating—the parties have tried to reduce the scope of the matters at issue between the parties.

(5) The commission may make the interlocutory orders, or other orders, it considers appropriate, including, for example, an order requiring the negotiating parties to undertake—

(a) further negotiation with a view to reducing the scope of the matters to be arbitrated; or

(b) further conciliation.

Examples of reasons the commission might make an order under subsection (5)—

• to reduce the scope of the matters at issue

• failure of a negotiating party to bargain in good faith as required under section 173

• failure of a negotiating party to bargain as required under an agreement made by the negotiating parties under section 173 (5)