C1998-73 Dispute Resolution

The purpose of this Circular is to reinforce the importance of following the dispute resolution procedures which support your industrial arrangements.   Disputes should be resolved at the lowest level possible within an agency in the earliest possible time (sections 14 and 39 of the Industrial Relations Act 1996 or as per the Workplace Relations Act 1996). Should it not be possible to achieve a resolution of the dispute through discussions with the relevant union(s), then the matter should be referred to the appropriate industrial tribunal. The resolution of disputes by agencies should be in the context of the attached authority. Where there are sector-wide implications the dispute should be brought to the attention of the Public Employment Office.   The assistance of the industrial tribunal may involve the seeking of a recommendation or direction on any industrial action in conciliation proceedings under section 134 of the Industrial Relations Act 1996 or sections 99-103 of the Workplace Relations Act 1996.   Agencies should not seek a Dispute Order from an industrial tribunal unless they have consulted the point of agreement with the Public Employment Office on this course of action (sections 137-139 of the Industrial Relations Act 1996 or section 127 of the Workplace Relations Act 1996).   Consideration of the need for a Dispute Order will have regard to:

• evidence that all other opportunities to settle the matter have been exhausted;
• how a Dispute Order will assist with the resolution of the dispute; and
• the consequences of the union's non-compliance with the Dispute Order.

  All such consultations should be with the Director, Employee Relations on telephone number (02) 9228 3530. Any general enquiries may be directed to your Employee Relations client contact officer on (02) 9228 5013.   C Gellatly Director General   Issued: PSMO Client Contact Officer
Date: 18 September 1998