35.—(1) If, on receipt of an application or complaint under these Regulations, the Industrial Court is of the opinion that it is reasonably likely to be settled by conciliation, it must—
(a)refer the application or complaint to the Agency, and
(b)notify the applicant or complainant and any persons whom it considers have a proper interest in the application or complaint accordingly,
and the Agency must seek to promote a settlement of the matter.
(2) If—
(a)an application or complaint so referred is not settled or withdrawn, and
(b)the Agency is of the opinion that further attempts at conciliation are unlikely to result in a settlement,
the Agency must inform the Industrial Court of that opinion.
(3) If—
(a)the application or complaint is not referred to the Agency, or
(b)it is so referred, but the Agency informs the Industrial Court of its opinion that further attempts at conciliation are unlikely to result in a settlement,
the Industrial Court must proceed to hear and determine the application or complaint.