How the Law Changed After Conciliation
You heard the process changed and want to know what is different for your claim.
The Industrial Relations (Amendment) Act 2020 made the path from a failed conciliation to a court hearing more direct than before.
What did this amendment change?
Since 1 January 2021, an unresolved case no longer waits on a separate ministerial decision before it can reach the Industrial Court.1
The Director General of Industrial Relations now refers the case straight to the court once conciliation fails.
What did the process look like before?
Before the amendment, the Minister of Human Resources held discretion over whether an unresolved case moved on to a hearing at all.2
That extra step meant a case could wait on a decision beyond the two parties, which added an unpredictable stretch of time.
Why does this matter to your case?
A direct referral gives a clearer path once conciliation does not resolve things, instead of an open-ended wait for a separate decision.
It does not change whether your dismissal was fair, and it does not shorten your 60-day filing window under Section 20.
What has not changed?
Your deadline to lodge a Section 20 representation still runs from your dismissal date, as before.
Conciliation still comes first, and solicitors still cannot represent either side at that stage.
What should you do today?
If your conciliation has ended without a settlement, ask the department where your file sits now. The referral step should be more direct.
Keep every notice you receive about the next stage, and note the date each one arrives. Court dates are set by those notices, not by you, and a missed date can hurt your claim.
Whatever stage you are at, confirm your original deadline on the deadline calculator, because this change did not touch that clock.
If your claim has reached or passed conciliation, an independent employment lawyer can review where it stands. They can act on the next step if it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Does this amendment change my 60-day deadline to file?
No. That deadline still comes from Section 20 and was not changed by this amendment. It only changed what happens after conciliation fails.
Does the change make my claim stronger?
No, it changes how your case moves forward, not how it is decided. The outcome still depends on the facts and evidence in your situation.
Who used to decide whether a case reached the Industrial Court?
The Minister of Human Resources previously held that discretion. Now the Director General refers an unresolved case forward directly, without that extra ministerial step.
Sources
- Since the Industrial Relations (Amendment) Act 2020 came into force on 1 January 2021, the Director General of Industrial Relations refers a case that does not settle at conciliation directly to the Industrial Court. MECA, Industrial Relations Act 1967 Guide
- Before the 2020 amendment, the Minister of Human Resources held discretion over whether an unresolved case was referred to the Industrial Court, a step the amendment removed. MECA, Industrial Relations Act 1967 Guide
Keep reading
If your claim has reached or passed conciliation, an independent employment lawyer can review where it stands. They can act on the next step if it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.