New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 332

332 Compulsory conference with respect to disputes

(1) If subsection (2) or (3) applies or the Commission has reasonable cause to believe that it applies, the Commission may summon a person to a compulsory conference--

(a) to confer, or

(b) to give evidence, or

(c) to produce documents or exhibits,

in an endeavour to bring the interested parties to a settlement which will determine the matter in relation to which the subsection applies.

(2) This subsection applies if an association registered under this Chapter or a bailor or a principal contractor becomes aware of an industrial dispute that might lead, or has led--

(a) to owners of public vehicles being in breach of contracts of bailment of those vehicles or refusing to enter into contracts of bailment of those vehicles, or

(b) to principal contractors under contracts of carriage being in breach of those contracts or persons refusing to enter into contracts of carriage as principal contractors, or

(c) to bailees of public vehicles or carriers under contracts of carriage being in breach of those contracts, or

(d) to persons refusing to enter into contracts as bailees of public vehicles or as carriers under contracts of carriage.

(3) This subsection applies if an industrial dispute arising from the reorganisation of the business of a principal contractor affects, or is likely to affect, the number of carriers used by the principal contractor or their remuneration.

(4) 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.

(5) If the Commission considers that--

(a) the public interest is, or could be, affected by a question, dispute or difficulty referred to in subsection (2) or (3), and

(b) all reasonable steps have been taken to resolve the industrial dispute by conciliation,

it may make a contract determination expressed to be an interim determination made under this subsection.

(6) An interim determination made under subsection (5)--

(a) is, as far as practicable, to restore or maintain the conditions existing between the parties immediately before the occurrence of the events giving rise to the industrial dispute, and

(b) is to remain in force for such period, not exceeding one month after its making, as is specified in it.