MEDIATION UNDER COMMONWEALTH MODEL DISPUTE RESOLUTION PROCESS
The EDR Act also provides a mechanism for parties to an employment dispute whose employment arrangements are covered by the provisions of the Commonwealth Workplace Relations Act 1996 to seek the services of the Commission to resolve their dispute.
This process is authorised by Division 6 of Part 13 of the Workplace Relations Act 1996 which enables parties to a dispute to choose any provider they wish to conduct a dispute resolution process. This encompasses mediation, conciliation and/or arbitration.
A Commonwealth workplace agreement is a workplace agreement as defined in the Workplace Relations Act 1996 or any other agreement or arrangement prescribed under s 113 of the Industrial Relations Act 1979. This includes an Australian Workplace Agreement (AWA).
The federal government recently amended the definition of "workplace agreement" in the Workplace Relations Act 1996. The new definition does not include AWAs but means an individual transitional employment agreement (ITEA) or a collective agreement. A collective agreement is an enterprise bargaining agreement.
An ITEA is an agreement entered into to replace an AWA or another individual employment agreement regulated by the Workplace Relations Act 1996.
Yes, if a party is bound by a Commonwealth workplace agreement that allows the WAIRC to conduct a dispute resolution process under dispute settlement procedures set out in the agreement, or if there are no dispute resolution procedures in the workplace agreement and the parties agree to have model dispute resolution process conducted by the WAIRC.
Yes, also if the model dispute resolution process under the Workplace Relations Act 1996 applies and the parties agree to have the model dispute resolution process conducted by the WAIRC.
The model dispute resolution process is defined in Division 6 of Part 13 of the Workplace Relations Act 1996 and comprises two steps. Firstly, the process must require the parties to genuinely attempt to resolve the dispute at the workplace level. It is only if it cannot be resolved at the workplace level that the parties can take the next step, which is elect to use an alternative dispute resolution process. This can include:
· Mediation, including conferencing and with or without assisted negotiation, neutral evaluation or case appraisal.
· Conciliation, including conferencing and with or without assisted negotiation, neutral evaluation or case appraisal.
· Arbitration, including informal, formal or final offer arbitration or other determination of rights and obligations of the parties in dispute.
Where the model dispute resolution process applies, any party to the employment dispute may refer it to the Commission by completing a Form 1 and either lodging at the address below or completing it on line. There is no fee for filing the form.
A single Commissioner will usually do the functions of the Commission, except if the Commonwealth workplace agreement requires or provides for the parties to request that more than one Commissioner do it and if the Chief Commissioner is of the opinion that it is practical and appropriate.