Who can make an application?

The Form 1B – Application for a Section 44 Conference is for use when making an application under that section 44 of the Industrial Relations Act 1979 (Act) only.

Section 44 of the Act provides the Commission with the authority to deal with industrial disputes, where an application is made by any organisation (union) or association (union), or by an employer.

The only circumstance where an individual employee or former employee may lodge an application to request that a conference be convened under section 44 of the Act, is in respect of a dispute relating to that employee’s entitlement to long service leave. The Commission must not exercise its jurisdiction under section 44 if another application relating to the long service entitlement dispute has been made under another provision of the Act or another law, unless the other application is discontinued or dismissed because it is not within the relevant body’s jurisdiction.