Common use of Conciliation Clause in Contracts

Conciliation. The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission for private conciliation. Before the process commences the Commission may confer with the parties informally about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements • representation at the private conciliation; • timing, location ( on site?) and duration of the conciliation; • whether a telephone conference is all that is needed in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • help the parties identify and define the matters in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; • act as the facilitator of direct negotiations between the parties. The parties further agree that during the conciliation, the Commission may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. If the Commission is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • make suggestions for resolution of the dispute; • express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. Any function performed by the Commission in this regard is advisory only, and is not binding upon the parties.

Conciliation. (a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission FWC for private conciliation. . (b) Before the process commences the Commission FWC may confer with the parties informally about matters of procedure, such as: • : i. the presentation of each side’s position (whether oral or in writing); • ; ii. confidentiality requirements • requirements; iii. representation at the private conciliation; • ; iv. timing, location ( on site?) and duration of the conciliation; • ; v. whether a telephone conference is all that is needed in the first instance; and • and vi. any further particulars about the CommissionFWC’s role in relation to establishing procedures. . (c) Subject to the preceding clause, it is agreed that the Commission FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • : i. help the parties identify and define the matters in dispute; • ; ii. help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-cost- effectively; • ; iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; • and iv. act as the facilitator of direct negotiations between the parties. . (d) The parties further agree that during the conciliation, the Commission FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC FWC shall keep confidential the content of any such discussion, discussion and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. . (e) If the Commission FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • : i. make suggestions for resolution of the dispute; • ; ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the CommissionFWC’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. . (f) Any function performed by the Commission FWC in this regard is advisory only, only and is not binding upon the parties.

Conciliation. The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission for private conciliation. Before the process commences the Commission may confer with the parties informally about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements • representation at the private conciliation; • timing, location ( on site?) and duration of the conciliation; • whether a telephone conference is all that is needed in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. • Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • help the parties identify and define the matters in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; • act as the facilitator of direct negotiations between the parties. • The parties further agree that during the conciliation, the Commission may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. If the Commission is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • make suggestions for resolution of the dispute; • express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. Any function performed by the Commission in this regard is advisory only, and is not binding upon the parties.

Conciliation. 19.3.1 The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission for private conciliation. . 19.3.2 Before the process commences the Commission may confer with the parties informally about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements • representation at the private conciliation; • timing, location ( on site?) and duration of the conciliation; • whether a telephone conference is all that is needed in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. . 19.3.3 Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • help the parties identify and define the matters in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; • act as the facilitator of direct negotiations between the parties. . 19.3.4 The parties further agree that during the conciliation, the Commission may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. . 19.3.5 If the Commission is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • make suggestions for resolution of the dispute; • express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. . 19.3.6 Any function performed by the Commission in this regard is advisory only, and is not binding upon the parties.

Conciliation. (a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission FWC for private conciliation. . (b) Before the process commences the Commission FWC may confer with the parties informally about matters of procedure, such as: • : i. the presentation of each side’s position (whether oral or in writing); • ; ii. confidentiality requirements • requirements; iii. representation at the private conciliation; • ; iv. timing, location ( on site?) and duration of the conciliation; • ; v. whether a telephone conference is all that is needed in the first instance; and • and vi. any further particulars about the CommissionFWC’s role in relation to establishing procedures. . (c) Subject to the preceding clause, it is agreed that the Commission FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • : i. help the parties identify and define the matters in dispute; • ; ii. help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • ; iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; • and iv. act as the facilitator of direct negotiations between the parties. . (d) The parties further agree that during the conciliation, the Commission FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC FWC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. . (e) If the Commission FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • : i. make suggestions for resolution of the dispute; • ; ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the CommissionFWC’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. . (f) Any function performed by the Commission FWC in this regard is advisory only, and is not binding upon the parties.

Conciliation. (a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission FWC for private conciliation. . (b) Before the process commences the Commission FWC may confer with the parties informally about matters of procedure, such as: • : i. the presentation of each side’s position (whether oral or in writing); • ; ii. confidentiality requirements • requirements; iii. representation at the private conciliation; • ; iv. timing, location ( on site?) and duration of the conciliation; • ; v. whether a telephone conference is all that is needed in the first instance; and • and vi. any further particulars about the CommissionFWC’s role in relation to establishing procedures. . (c) Subject to the preceding clause, it is agreed that the Commission FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • : i. help the parties identify and define the matters in dispute; • ; ii. help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • ; iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-cost- effectively; • and iv. act as the facilitator of direct negotiations between the parties. . (d) The parties further agree that during the conciliation, the Commission FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC FWC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. . (e) If the Commission FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • : i. make suggestions for resolution of the dispute; • . ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the CommissionFWC’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. . (f) Any function performed by the Commission FWC in this regard is advisory only, and is not binding upon the parties.

Conciliation. 20.3.1 The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission FWC for private conciliation. Note that the National Employment Standards Apply to all disputes. 20.3.2 Before the process commences the Commission FWC may confer with the parties informally about matters of procedure, such as: •  the presentation of each side’s side‘s position (whether oral or in writing); •  confidentiality requirements •  representation at the private conciliation; •  timing, location ( on site?) and duration of the conciliation; •  whether a telephone conference is all that is needed in the first instance; and •  any further particulars about the Commission’s FWC‘s role in relation to establishing procedures. . 20.3.3 Subject to the preceding clause, it is agreed that the Commission FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: •  help the parties identify and define the matters in dispute; •  help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; •  where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-cost- effectively; •  act as the facilitator of direct negotiations between the parties. . 20.3.4 The parties further agree that during the conciliation, the Commission FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC FWC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. . 20.3.5 If the Commission FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: •  make suggestions for resolution of the dispute; •  express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or •  if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s FWC‘s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. . 20.3.6 Any function performed by the Commission FWC in this regard is advisory only, and is not binding upon the parties.

Conciliation. The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission for private conciliation. Before the process commences the Commission may confer with the parties informally about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements • representation at the private conciliation; • timing, location ( on site?) and duration of the conciliation; • whether a telephone conference is all that is needed in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • help the parties identify and define the matters in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-cost- effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; • act as the facilitator of direct negotiations between the parties. The parties further agree that during the conciliation, the Commission may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. If the Commission is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • make suggestions for resolution of the dispute; • express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. Any function performed by the Commission in this regard is advisory only, and is not binding upon the parties.

Conciliation. The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute dispute, to the Commission for private conciliation. Before the process commences the Commission may confer with the parties informally about matters of procedure, such as: • the presentation of each side’s position (whether oral or in writing); • confidentiality requirements • representation at the private conciliation; • timing, location ( on site?) and duration of the conciliation; • whether a telephone conference is all that is needed in the first instance; and • any further particulars about the Commission’s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the Commission will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • help the parties identify and define the matters in dispute; • help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing atnarrowing the matters in dispute quickly, fairly and cost-effectively; • act as the facilitator of direct negotiations between the parties. The parties further agree that during the conciliation, the Commission may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. If the Commission is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • make suggestions for resolution of the dispute; • express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the Commission’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. Any function performed by the Commission in this regard is advisory only, and is not binding upon the parties.

Conciliation. 20.3.1 The person(s) who raised the dispute, or his or her their expressly nominated representative (organisation or agent), may refer the dispute to the Commission FWC for private conciliation. Note that the NES apply to all disputes. 20.3.2 Before the process commences the Commission FWC may confer with the parties informally about matters of procedure, such as: • the ● The presentation of each side’s position (whether oral or in writing); • confidentiality ● Confidentiality requirements • representation ● Representation at the private conciliation; • timing● Timing, location ( on site?) and duration of the conciliation; • whether ● Whether a telephone conference is all that is needed in the first instance; and • any ● Any further particulars about the CommissionFWC’s role in relation to establishing procedures. . 20.3.3 Subject to the preceding clause, it is agreed that the Commission FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • help ● Help the parties identify and define the matters in dispute; • help ● Help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • where ● Where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; • act ● Act as the facilitator of direct negotiations between the parties. . 20.3.4 The parties further agree that during the conciliation, the Commission FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC FWC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. . 20.3.5 If the Commission FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • make ● Make suggestions for resolution of the dispute; • express ● Express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • if ● If the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the CommissionFWC’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. . 20.3.6 Any function performed by the Commission FWC in this regard is advisory only, and is not binding upon the parties.

Conciliation. (a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the Commission FWC for private conciliation. . (b) Before the process commences the Commission FWC may confer with the parties informally about matters of procedure, such as: • : i. the presentation of each side’s position (whether oral or in writing); • ; ii. confidentiality requirements • requirements; iii. representation at the private conciliation; • ; iv. timing, location ( on site?) and duration of the conciliation; • ; v. whether a telephone conference is all that is needed in the first instance; and • and vi. any further particulars about the CommissionFWC’s role in relation to establishing procedures. . (c) Subject to the preceding clause, it is agreed that the Commission FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: • : i. help the parties identify and define the matters in dispute; • ; ii. help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; • ; iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; • and iv. act as the facilitator of direct negotiations between the parties. . (d) The parties further agree that during the conciliation, the Commission FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The AIRC FWC shall keep confidential the content of any such discussion, discussion and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. . (e) If the Commission FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: • : i. make suggestions for resolution of the dispute; • ; ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or • or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the CommissionFWC’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. . (f) Any function performed by the Commission FWC in this regard is advisory only, only and is not binding upon the parties.