New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 141

141 Actions in tort while Commission attempting to conciliate dispute not actionable

(1) A person may not bring or continue an action in tort to which this Part applies while the industrial dispute to which the action relates is subject to conciliation by the Commission.

(2) For the purposes of this section, an industrial dispute is subject to conciliation if--

(a) the Commission has been notified under this Chapter of the dispute or has decided on its own initiative to resolve the dispute, and

(b) a certificate of attempted conciliation has not been issued by the Commission under this Chapter in respect of the dispute.

(3) For the purposes of this section, an industrial dispute is not subject to conciliation if the Commission has decided to dismiss or otherwise discontinue the proceedings concerned.

(4) A certificate issued by a member of the Commission as to whether a specified industrial dispute is subject to conciliation by the Commission is admissible in evidence in any proceedings in which this Part is in issue and is evidence of the matters stated in the certificate.