Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_39
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 39
Character Range: 939719–940687

39  Exercise of arbitration powers by member who has exercised conciliation powers

 (1) If a member of the Commission has exercised conciliation powers in relation to an industrial dispute, the member must not exercise, or take part in the exercise of, arbitration powers in relation to the industrial dispute if a party to the arbitration proceeding objects.

 (2) The member is not taken to have exercised conciliation powers in relation to the industrial dispute merely because:
 (a) after having begun to exercise arbitration powers in relation to the industrial dispute, the member exercised conciliation powers; or
 (b) the member arranged for a conference of the parties or their representatives to be presided over by the member, but the conference did not take place or was not presided over by the member; or
 (c) the member arranged for the parties or their representatives to confer among themselves at a conference at which the member was not present.