Dispute resolution
- How can the AIRC assist in dispute resolution?
- Who can seek assistance from the AIRC?
- What types of disputes can be referred to the AIRC?
- How do I make an application for assistance?
- Can the AIRC assist with drafting a dispute resolution clause in an agreement?
You can also:
- Call the AIRC Information Line on 1300 799 675 for further assistance
- Go to the AIRC fact sheet—Assistance with dispute resolution (pdf)
- Access a pro-forma agreement for the AIRC to conduct arbitration in a dispute
How can the AIRC assist in dispute resolution?
Members of the Australian Industrial Relations Commission (AIRC) are experienced in a wide range of alternative dispute resolution techniques. They are skilled in helping employers and employees resolve workplace disputes and can suggest means of resolving differences that may not have been immediately apparent to those directly involved.
Who can seek assistance from the AIRC?
Any of the following can refer an industrial dispute to the AIRC for assistance in appropriate circumstances:
- any employer that is a constitutional corporation;
- any employer in Victoria or the territories;
- the Commonwealth (including any Commonwealth authority);
- any employee of one of the above types of employers;
- a registered union or employer organisation.
What types of disputes can be referred to the AIRC?
There are three types of disputes that can be referred to the AIRC:
- disputes referred under a dispute resolution procedure in a workplace agreement (or a certified agreement);
- disputes about the terms of a new collective workplace agreement;
- disputes dealt with in accordance with the model dispute resolution process.
How do I make an application for assistance?
An application to the AIRC for the resolution of a dispute is generally made using Form 5—Application to have a dispute resolution process conducted
An application under a dispute resolution procedure in an agreement certified before 27 March 2006 must be made using Form R37—Application to have a dispute resolution process conducted—pre-reform instrument (certified agreement or Australian workplace agreement)
- For further information go to the AIRC guide—How to make an application—dispute resolution (pdf)
Can the AIRC assist with drafting a dispute resolution clause in an agreement?
The Workplace Relations Act 1996 provides that a workplace agreement must include procedures for resolving disputes about matters arising under the agreement between the employer and the employees whose employment will be subject to the agreement.
It is up to those involved in negotiating an agreement to decide what kind of dispute resolution procedures to include. They can provide for reference of disputes to a third party of their choosing. If parties want the AIRC to conduct any dispute resolution process under the agreement they can include a provision in the agreement which makes the AIRC the forum for resolving disputes.
- For information about drafting a dispute resolution clause go to the AIRC guide—Dispute resolution procedures in agreements (pdf).
- An additional guide with further information is also available—Dispute resolution procedures—additional material (pdf).