New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

INDUSTRIAL RELATIONS ACT 1996 - SECT 348

Compulsory conference with respect to claims

348 Compulsory conference with respect to claims

(1) When a head contract of carriage is terminated, the carrier may notify the Industrial Registrar of any claim for compensation in respect of the termination.
(2) Notification may be given instead by an association of contract carriers of which the carrier is a member.
(3) Notification must be made within 3 months after the termination of the contract.
(4) On notification, the Industrial Registrar must notify the Chief Commissioner.
(5) The Chief Commissioner is to deal with the matter personally or allocate the matter to another member of the Commission.
(6) A claim for compensation is to proceed by conciliation in the first instance.
(7) The Tribunal, when attempting conciliation, is to do everything that to it seems proper to assist the parties to settle the claim. If a settlement is not achieved but further discussions are, in the opinion of the Tribunal, likely to produce a settlement, the Tribunal may arrange conferences of the parties or their representatives (whether or not presided over by the Tribunal).
(8) If the parties reach an agreement, the Tribunal may make a determination in accordance with the agreement, which is to be in full settlement of the claim.
(9) The Tribunal may summon a person to a compulsory conference--
(a) to confer, or
(b) to produce documents,
in an endeavour to bring the parties to a settlement which will determine the matter concerned.
(10) The Tribunal may direct that any person (including, but not limited to, a previous principal contractor) who or which is not a party to the notification referred to in subsection (3) is to be a party to a compulsory conference held under this section.
(11) If conciliation does not settle the claim, the Tribunal is to deal with it by arbitration in accordance with section 349.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback