The Change That Sped Up Your Route
You heard the process changed a few years back and want to know what actually shifted.
A quiet change in the law a few years ago made the path from a failed conciliation to a court hearing considerably more direct than it used to be.
What did this amendment actually 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 a case straight to the court once conciliation fails, without that additional step in between.
What did the process look like before this?
Before the amendment, the Minister of Human Resources held discretion over whether an unresolved case actually moved forward to a hearing at all.2
That extra layer meant a case could sit waiting on a decision beyond the two parties themselves, adding an unpredictable stretch of time.
Why does this matter to your case today?
A more direct referral generally means a clearer path once conciliation does not resolve things, rather than an open-ended wait for a separate decision.
It does not change whether your dismissal was fair, and it does not shorten your original 60-day filing window under Section 20.
What has not changed alongside this?
Your deadline to lodge a Section 20 representation still runs from your dismissal date, exactly as before this amendment came into force.
Conciliation still happens first, and solicitors still cannot represent either side at that stage, regardless of how the case is referred onward afterward.
What should you do with this today?
If your conciliation has already concluded without a settlement, ask where your file currently sits, since the referral step should now be more direct.
Whatever stage you are at, confirm your original filing deadline on the deadline calculator, since that clock was untouched by this change.
Tell us where your case currently stands, and we can explain how this more direct process is likely to move it forward from here.
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 it more likely I will win my case?
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
Tell us where your case currently stands, and we can explain how this more direct process is likely to move it forward from here.