Research & Information
Announcement : Clarification of Standard Directions - Conciliation under s109 - Unfair Contract Matters

19 May 2005

Clarification of Standard Directions - Conciliation under s109 - Unfair Contract Matters
19 May 2005

The Commission issued Practice Direction No 14 in order to facilitate the effective case management of applications brought under s.106 of the Industrial Relations Act 1996 and this practice direction took effect from 2nd July 2004. This practice direction prescribes, in part, standard directions for conciliation under s.109 of the Act.

This announcement is designed to ensure that there is effective representation of parties at conciliation conferences.

Standard Direction 4(a) provides:

      Each party will have a representative attending the conciliation who is fully conversant with the matter and who has full authority in relation to the settlement of the matter.

By way of clarification the Commission has an expectation that the 'representative attending'
  • will be in addition to the legal representative or agent;
  • will have the authority to allow the matter to be resolved by settlement at the conciliation
  • will be, through their knowledge of the matter, able to fully participate in the conciliation conference.

That is, an unaccompanied legal representative or other unaccompanied agent will not be acceptable to the Commission and will not meet the terms of this standard direction.

In the event that this direction is not complied with, parties and their legal representatives or agents should be aware that the Commission may make an order for costs against the defaulting party.

There may be rare occasions where it is not possible for a representative to attend in person. In that respect the parties attention is drawn to Practice Direction No 4 - Telephone Conciliation Conferences before the Industrial Relations Commission .


Industrial Registrar.