27.9 Disputes of a Collective Character 27.9.1 The Parties acknowledge that disputes of a collective character concerning more than one Employee may be dealt with more expeditiously by an early reference to FWC. 27.9.2 No dispute of a collective character may be referred to the FWC directly unless there has been a genuine attempt to resolve the dispute at the workplace level prior to it being referred to the FWC. 27.10 Conciliation 27.10.1 a dispute is referred for conciliation, a member of the FWC shall do everything that appears to the member to be right and proper to assist the parties to the dispute to agree on settlement terms. 27.10.2 This may include arranging: Conferences of the parties to the dispute presided over by the member; and For the parties to the dispute to confer among themselves at conferences at which the member is not present. 27.10.3 Conciliation before the FWC shall be regarded as completed when: The parties to the dispute have reached agreement on the settlement of the dispute; or The member of FWC conducting the conciliation has, either of their own motion or after an application by a party to the dispute, satisfied themselves that there is no likelihood that, within a reasonable period, further conciliation will result in a settlement; or The parties to the dispute have informed the FWC member that is no likelihood of agreement on the settlement of the dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed. 27.11 Arbitration 27.11.1 If the dispute has not been settled when conciliation has been completed, a party to the dispute may request that the FWC proceed to determine the dispute by arbitration. 27.11.2 Where a member of the FWC has exercised conciliation powers in relation to the dispute, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute if a party to the dispute objects to the member doing so. 27.11.3
27.9 Disputes of a Collective Character 27.9.1 The Parties acknowledge that disputes of a collective character concerning more than one Employee may be dealt with more expeditiously by an early reference to FWC. 27.9.2 No dispute of a collective character may be referred to the FWC directly unless there has been a genuine attempt to resolve the dispute at the workplace level prior to it being referred to the FWC. 27.10 Conciliation 27.10.1 a dispute is referred for conciliation, a member of the FWC shall do everything that appears to the member to be right and proper to assist the parties to the dispute to agree on settlement terms. 27.10.2 This may include arranging: Conferences of the parties to the dispute presided over by the member; and For the parties to the dispute to confer among themselves at conferences at which the member is not present. 27.10.3 Conciliation before the FWC shall be regarded as completed when: The parties to the dispute have reached agreement on the settlement of the dispute; or The member of FWC conducting the conciliation has, either of their own motion or after an application by a party to the dispute, satisfied themselves that there is no likelihood that, within a reasonable period, further conciliation will result in a settlement; or The parties to the dispute have informed the FWC member that is no likelihood of agreement on the settlement of the dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed. 27.11 Arbitration 27.11.1 If the dispute has not been settled when conciliation has been completed, a party to the dispute may request that the FWC proceed to determine the dispute by arbitration. 27.11.2 Where a member of the FWC has exercised conciliation powers in relation to the dispute, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute if a party to the dispute objects to the member doing so. 27.11.3
slv-epa-2016.docx