The Commission may convene a compulsory conference to resolve an industrial dispute.1 A Member of the Commission (Member) will require all parties to attend and may call upon or confer with other people if they consider their involvement to be beneficial in finding a resolution.
Conciliation is when the Commission facilitates a discussion between the parties in a matter. The parties will discuss the legal issues, potential solutions and seek to reach a resolution without the expense of a formal hearing. See ‘What is a Conciliation?’.
A directions hearing is a procedural step to determine how the case should proceed and develop a timeline to resolve a matter. The parties will either attend in-person or online for 15-minutes to one hour, depending on various factors such as the complexity of the matter and whether the parties can agree on how the matter should proceed.
A mention is when a matter is briefly heard before the Commission, usually to update the Commission on actions of the parties outside the formal processes of the Commission including compliance with directions. In Work, Health and Safety matters, it is when the defendant will enter a plea to an offence.
A motion hearing occurs when a party submits a notice of motion or written application or request to the Commission to address an issue or make an order. Such a hearing might address applications to object to the admissibility of witness statements, to have a matter dismissed summarily, or to issue a suppression order.
An administrative proceeding, but often more detailed than a Mention, where parties report back or update the Commission about outstanding matters either before or following a substantive proceeding such as conciliation.
A hearing usually before a Registrar to deal with an objection to a summons or issue directions about the inspection or copying of anything produced under a summons; among other administrative matters.
Hearings are formal proceedings before a Member, who will listen to the evidence presented and give parties an opportunity to respond to issues raised during the hearing. The outcome of a hearing is decision of the Commission which is binding on the parties.
A judgment/decision is the formal and legally binding outcome of an arbitration or hearing which contains the orders or recommendations made and the reasons for making those orders or recommendations.
An appeal is a hearing before a Full Bench to review a previous decision because of an application by a party who believes the previous decision-maker made an error of law or fact. See Appeals to a Full Bench.
1 Industrial Relations Act 1996 (NSW) s 132.
Last updated: