Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_176b
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 176B
Character Range: 647566–649158

176B  Application

 (1) A person may apply to the Commission to have an alternative dispute resolution process conducted by the Commission under this Division in relation to a matter or matters in dispute if:
 (a) the dispute is one that may (whether under an award, a workplace determination, a workplace agreement, a provision of this Act or otherwise) be resolved using the model dispute resolution process; and
 (b) the parties to the dispute on the matter or matters have been unable to resolve the dispute at the workplace level.

 (2) An application to have an alternative dispute resolution process conducted by the Commission under this Division must:
 (a) be in the form (if any) prescribed by the regulations; and
 (b) describe the matter, or matters, in dispute in relation to which the alternative dispute resolution process is to be conducted; and
 (c) be signed by the party to the dispute on that matter or those matters who is making the application; and
 (d) specify that the alternative dispute resolution process is to be conducted under the model dispute resolution process.

 (3) The Commission may request the parties to provide further information about:
 (a) the matter or matters in dispute; and
 (b) the steps taken to resolve the matter at the workplace level.

 (4) The Commission may do either of the following in relation to an application under this section:
 (a) allow the amendment, on any terms that it thinks appropriate, of the application;
 (b) correct, amend or waive any error, defect or irregularity whether in substance or form in the application.