Document ID: chunk:federal_register_of_legislation:C2006C00643:clause:2_170ec
Version: federal_register_of_legislation:C2006C00643
Segment Type: clause
Provision Reference: sch 2 cl 170EC
Character Range: 9545–11316

170EC  Consent arbitration

 (1) An election under subsection 170EB(2) or (3) by the parties to a conciliation to have the matter to which the conciliation relates dealt with by consent arbitration constitutes an agreement between the parties:
 (a) to submit the matter to the process of consent arbitration; and
 (b) to comply with any requirement of the Commission for the purpose of that arbitration; and
 (c) to comply with any award made by the Commission on that arbitration; and
 (d) if that award is taken on appeal to a Full Bench of the Commission—to comply with the award as confirmed, varied or substituted on that appeal.

 (2) A consent arbitration of a matter that was the subject of a conciliation process must be conducted by a member of the Commission other than the member of the Commission who attempted to settle the matter by conciliation (the conciliator), unless the parties electing for the consent arbitration agree to the arbitration being conducted by the conciliator.

 (3) The procedures to be followed and the powers to be exercised by the Commission in conducting a consent arbitration are such procedures and such powers, consistent with the terms of the Termination of Employment Convention, as are prescribed.

 (4) The Commission may, on completion of a consent arbitration, make an award:
 (a) that provides for a remedy of the kind able to be granted by the Court under section 170EE; or
 (b) that provides that there is no entitlement to any such remedy.

 (5) The parties to the consent arbitration of a matter are the parties to the conciliation of that matter.

 (6) Subject to any right of appeal to a Full Bench of the Commission under section 170ECA, the award of the Commission is final and binding as between the parties.