Industrial Relations Commission of NSW

What happens if conciliation fails?

Hearings

Once the Commission Member is satisfied that conciliation is exhausted they will make Directions.  These are the compulsory steps the parties must follow to prepare for hearing.  

Before making directions the Commission Member will seek information from the parties such as the anticipated length of a hearing, the number of witnesses, whether the parties will be represented, and any special requirements.  You should come prepared to the conciliation to answer such questions.

Understand your obligations

Parties should ensure they understand the directions issued, their rights and obligations.  Do not leave until you understand the next steps and the timetable to be followed.

Seek legal advice or representation 

The Commission cannot provide any advice to the parties.  Parties may decide to contact their industrial organisation, a lawyer or an industrial agent  for assistance.

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