The Role and Usage of Conciliation and Mediation in Dispute Resolution in the Australian Industrial Relations Commission
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Date
2005
Authors
Forbes-Mewett, H
Griffin, G
Griffin, J
McKenzie, J
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Publisher
National Institute of Labour Studies
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Abstract
"The Workplace Relations Act 1996 severely curtailed the traditionally strong arbitral
powers of the Australian Industrial Relations Commission, rather, a key thrust of the
legislation was the make unions and employers primarily responsible for resolving
industrial disputes. Despite this legislative change, the two main parties continue to
seek the assistance of the AIRC in resolving industrial disputes. This paper
investigates the processes and practices used by the AIRC in managing these dispute
notifications, particularly the relative roles of conciliation and mediation. It argues
that, overall, the AIRC continues to play a significant interventionist role and that
this level of intervention is strongly supported by practitioners, indeed, many
employers support a more interventionist role. The actual forms of intervention
utilised vary but practitioners are not concerned about the process, focusing, rather,
on the outcome, a resolution of the dispute."
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Citation
Forbes-Mewett, H., Griffin, G., Griffin, J., McKenzie, J., 2005. The Role and Usage of Conciliation and Mediation in Dispute Resolution in the Australian Industrial Relations Commission. Australian Bulletin of Labour, Vol. 31 No. 2, pp. 171-189