If an association of contract drivers and contract carriers, or an association of employing contractors, or a bailor, or a principal contractor becomes aware of an industrial dispute that relates to a contract of bailment or a contract of carriage, including a contract that has been terminated, they may notify the Commission of the dispute. ³¹

How do I notify the Commission of the dispute?

A Notification to Industrial Registrar of industrial dispute should be lodged through the NSW Online Registry. 

The application can be sent by post, email or delivered in person at the Commission if the NSW Online Registry is experiencing technical difficulties. In urgent circumstances an industrial dispute may also be notified to the Commission by telephone.

What can the Commission do?

In dealing with the dispute the Commission may summon a person to a compulsory conference (to confer, give evidence or produce documents or exhibits), ³² including a person involved in the contractual chain to which the dispute relates,³³ in an attempt to settle the industrial dispute by conciliation.³⁴  The compulsory conference will be presided over by a member of the Commission.³⁵

During the conciliation and for the purpose of facilitating settlement of the dispute by conciliation, the Commission may make a recommendation or give a direction to the parties in dispute, and may make a recommendation to any person involved in the contractual chain to which the dispute relates (even if they are not a party to the dispute).³⁶

At a compulsory conference the Commission is to investigate the merits of the matter concerned, irrespective of whether or not industrial action is taking place.³⁷

If all reasonable steps have been taken to resolve the industrial dispute by conciliation and the dispute remains unresolved, the Commission may (subject to interfering with reasonable commercial arrangements of parties to a contract or arrangement in a contractual chain)³⁸ do one or both of the following:³⁹

• make a contract determination expressed to be an interim determination;
• make another order or exercise another function the Commission considers appropriate to resolve the dispute.

An interim determination or other order may apply to the parties to the dispute, and includes a person involved in the contractual chain to which the dispute relates.⁴⁰

An interim determination may be expressed in the terms the Commission considers appropriate, including terms to restore or maintain the conditions existing between the parties immediately before the events giving rise to the dispute. An interim determination remains in force for the period specified by the Commission in the determination.⁴¹

^{31 Ibid s 332(2) and (3); 32 Ibid s 332(1); 33 Ibid s 332(1A); 34 Ibid s 332(1C); 35 Ibid s 332(1B); 36 Ibid s 332(1D); 37 Ibid s 332(4); 38 Ibid s 332(8); 39 Ibid s 332(5), 40 Ibid s 332(7); 41 Ibid s 332(6)}