Pino de Luca and CSL limited [1994] IRCA 65

General distribution not required IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) No. VI 447 of 1994 ) VICTORIA DISTRICT REGISTRY )

BETWEEN:

PINO DE LUCA Applicant

AND:

CSL LIMITED Respondent

REASONS FOR JUDGMENT

24 June 1994 KEELY J.

In this matter the applicant and the respondent sought an order that the proceeding be referred to a member of the Australian Industrial Relations Commission ("the Commission") for mediation and that the Commission be informed that the proceeding is not an application pursuant to s.170EA of the Industrial Relations Act 1988 ("the Act"). It was pointed out to the parties that, even if the court had power to make such an order, a very large number of applications under s.170EA have already been referred to the Commission under s.170EC of the Act for conciliation; accordingly that it might not be possible for the Commission to find time to mediate in this matter if the request for a reference were to be granted. The parties were informed that enquiries would be made as to the prospects of any such mediation, if it were to take place, being conducted in the reasonably near future, and that the court would

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consider what was the appropriate course to be adopted in order to give effect to the parties' wish for mediation to take place.

Since the matter was before the court on Monday last, enquiries have been made. In the light of those enquiries, and having considered the parties' submissions, the court has decided that the preferable course is for the matter to be referred, under Order 72 rule 1 of the court's rules, to a mediator; under rule 6(1) the Registrar of the court will nominate a person as the mediator and give the parties written notice.