Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 2016 - SECT 318

318 Conciliation before application heard

(1) The commission must hold a conference to attempt to settle an application under section 317 by conciliation before it hears the application.

(2) The commission may, by written notice, require the applicant, employee or employer to attend the conference at a stated time and place.

(3) If the commission is satisfied all reasonable attempts to settle the matter by conciliation are, or are likely to be, unsuccessful so far as it relates to at least 1 ground of the application or because the applicant is a person to whom section 316 does not apply, it—

(a) must issue a written certificate stating that the commission—

(i) is so satisfied for a stated ground; or

(ii) considers the applicant is a person to whom section 316 does not apply; and

(b) must inform the parties to the conciliation of—

(i) the commission’s assessment of the merits of the application in relation to the stated ground or in relation to how the applicant is a person to whom section 316 does not apply; and

(ii) the possible consequences of further proceeding on the application; and

(c) may recommend the application be discontinued, whether or not it also recommends another way of resolving the matter.

(4) The application lapses if the applicant has not, within 6 months after the applicant has been informed by the commission under subsection (3) —

(a) taken any action in relation to the application; or

(b) discontinued the application.

(5) The parties may seek further conciliation, or settle the matter, at any time before an order is made under section 321 or 322 .

(6) The president may delegate the functions of the commission under this section to the registrar or a deputy registrar.