New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 173

173 Members who may exercise arbitration powers after attempted conciliation

(1) The member of the Commission who attempted conciliation of an industrial dispute or other matter is not to exercise arbitration powers in relation to the dispute or matter if a party to the arbitration proceedings objects and requests that a different member of the Commission exercise arbitration powers.

(2) A member of the Commission is not, for the purposes of this section, taken to have attempted conciliation merely because--

(a) the member attempted conciliation after having begun to exercise arbitration powers, or

(b) the member arranged or gave directions for a conference of the parties involved in the industrial dispute or other matter, or their representatives, to be presided over by the member, but the conference did not take place or was not presided over by the member, or

(c) the member arranged or gave directions for those parties or their representatives to confer among themselves at a conference at which the member was not present.