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What is ADR?

What is ADR?. conferencing mediation assisted negotiation neutral evaluation case appraisal conciliation arbitration, or other determination of rights & obligations of the parties. Dispute Settlement under the WR Act. Model dispute resolution provisions Dispute settlement in bargaining

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What is ADR?

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  1. What is ADR? • conferencing • mediation • assisted negotiation • neutral evaluation • case appraisal • conciliation • arbitration, or other determination of rights & obligations of the parties

  2. Dispute Settlement under the WR Act • Model dispute resolution provisions • Dispute settlement in bargaining • Dispute settlement by AIRC under terms of an Agreement

  3. What does the Model Dispute Resolution Process (DRP) apply to? • entitlements under the AFPCS (s.175); • the terms of a workplace agreement, where the agreement includes the model dispute resolution process or is taken to include that process (s.353); • the application of a workplace determination (s.504); • the application of awards (s.514); • Minimum entitlements to meal breaks (s.609); • Minimum entitlements to public holidays (s.614); • Minimum entitlements to parental leave (s.691). (See s 694 of WRA generally)

  4. Pre-requisites - how does it work? • Attempt to resolve matter at workplace level • Seek to agree on provider to assist in resolving dispute • Consider range of providers advised by Industrial Registrar • If no agreement apply to AIRC s 696 of WRA

  5. What powers does the AIRC have? • Arrange conferences of parties or their reps at which the AIRC is present • Arrange for the parties or their reps to confer among themselves at conferences at which the AIRC is not present • May permit a party to be represented subject to reasonable limitations • Must act quickly and avoid unnecessary technicalities and legal form • May make recommendations on matters if requested by the both the parties

  6. What the AIRC can not do… The Commission does not have the power to: (a) compel a person to do anything; or (b) arbitrate the matter; or (c) determine the rights or obligations of a party to the dispute; or (d) make an award in relation to the matter; or (e) make an order in relation to the matter; or • appoint a board of reference even if the parties agree the AIRC should do it... s 701 of WRA

  7. Privacy provisions for DRP • Must be conducted in private • Must not disclose or use any information or document provided in the course of conducting the alternative DRP • Evidence of anything said, or any act done, in the alternative DRP is not admissible in proceedings relating to the dispute unless the parties agree (see s 702)

  8. DRP during bargaining • Can be used for disputes that arise in the course of bargaining but only where both parties agree • The Commission has the power to arrange conferences of the parties with or without the Commission (see s 704)

  9. DRP during bargaining cont… The Commission does not have the power to: • compel a person to do anything; or • arbitrate the matter, or matters, in dispute; or • determine the rights or obligations of a party; or • make an award in relation to the matters; or • make an order in relation to the matters; or • appoint a board of reference. regardless of the wishes of the parties… • Can make recommendations by agreement of both the parties • Privacy restrictions apply(see ss 706(4) & 707)

  10. DRP for a workplace agreement • The Commission has the powers: (a) given to it under the workplace agreement; or • otherwise agreed by the parties. • However, the Commission does not have the power to make orders (only recs) • The Commission must: • act quickly, • avoid technicalities and legal form, • act in accordance with the agreement(see s 711)

  11. Privacy provisions • The AIRC must conduct the alternative DRP in private • The AIRC must not disclose or use any information or document provided in the course of conducting the alternative DRP • Evidence of anything said, or any act done, in the alternative DRP is not admissible in proceedings relating to the dispute unless the parties agree (see s 712)

  12. DRP by another provider • The Industrial Registrar keeps a copy of alternative providers • A party may be represented subject to reasonable limitations • Privacy provisions for a DRP by an alternative provider also apply

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