The Supreme Court must refer recovery proceedings to the Industrial Relations Commission for conciliation if the Court is satisfied that a conciliation by the Commission has not been attempted by the parties.
Note : Section 371 of the Industrial Relations Act 1996 provides that the Supreme Court is not to make an order under Part 2 of Chapter 7 of that Act until the parties to the application for the order satisfy the Court that they unsuccessfully attempted to settle the matter by means of a conciliation conducted by the Commission.