(1) An application for
determination of a dispute by arbitration cannot be accepted by the Registrar
unless it is accompanied by —
(a) a
certificate issued by the Director under section 313 to the effect that
the dispute is not suitable for conciliation; or
(b) a
certificate issued by a conciliator under section 319(2) at the end of
conciliation of the dispute identifying the matter or matters in dispute that
have not been resolved by conciliation.
(2)
Subsection (1) has effect despite any provision of this Act
that —
(a)
enables or requires a party to make application for a dispute to be heard and
determined by an arbitrator; or
(b)
authorises an arbitrator to determine a dispute.
Note for this subsection:
A dispute must go to
conciliation before going to arbitration even when a provision refers to
determination of the dispute by an arbitrator without mention of conciliation.
(3) The arbitration
rules may —
(a)
impose requirements that must be satisfied before an application for
arbitration can be accepted; and
(b)
specify grounds on which, or circumstances in which, an application for
arbitration must or may be rejected.
(4) The onus is on the
applicant to satisfy the Registrar as to any matter that is relevant to the
acceptance or rejection of an application for arbitration.
(5) Arbitration
commences when an application for arbitration is accepted by the Registrar.