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3. THE FEDERAL SYSTEM (continued)

3.10 Arbitration at the Australian Industrial Relations Commission

Unfair dismissal claims that do not settle at conciliation proceed to arbitration at the AIRC. Arbitration is a formal hearing of the case before a member of the AIRC (though not by the same member who was involved in the conciliation). The parties may reach a settlement at any time before and during the arbitration proceedings.

Preparing for the arbitration hearing

The hearing date for arbitration proceedings will be listed several weeks or months after the conciliation conference. A Notice of Listing will be sent to the parties which will generally include written directions for the filing of documents relevant to your case, such as witness statements and copies of documents upon which you intend to rely. You can ask for a summons to be issued to ensure witnesses attend the hearing (Form R60). You can also ask the AIRC to issue a summons ordering your employer to bring relevant documents to the hearing, for example, wage records (Form R61).

If for some reason you are unable to comply with the directions and/or need the hearing adjourned to a later date you have to make an application in writing to the Commissioner explaining your reasons for seeking the variation or adjournment. You should note that:

• If you fail to comply with directions, the matter may be deemed to have been discontinued; or
• If your employer fails to comply with directions, the arbitration may proceed and be heard and determined on the basis of your evidence alone.

If you fail to attend the arbitration the application may be dismissed with costs.

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