177   Arbitration where conciliation unsuccessful

(1)  When, in the opinion of the Commission, all reasonable attempts to settle the applicant’s claim by conciliation have been made but have been unsuccessful, the Commission is to determine the application:

(a)  by revoking the order, or

(b)  by revoking the order and making such other order as it considers appropriate, whether or not an order that the Commissioner is empowered to make under section 173, or

(c)  by upholding the order, or

(d)  by dismissing the application.

(2)  If the Commission revokes the order, it may also direct the payment of compensation for any loss suffered by the applicant as a consequence of the making of the order.

(3)  An order made by the Commission under subsection (1) (b) is to be given effect to in accordance with its terms.

(4)  Nothing in this section prevents further conciliation from being attempted at any time before the Commission makes an order or direction under this section.