WORKPLACE RELATIONS ACT 1996 - SECT 431 Suspension and termination of bargaining periods--pattern bargaining

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 431

Suspension or termination required for pattern bargaining

             (1)  The Commission must, by order, suspend a bargaining period for a period specified in the order, or terminate the bargaining period, if:

                     (a)  a negotiating party, or a person prescribed by the regulations, applies to the Commission for an order under this section; and

                     (b)  another negotiating party is engaged in pattern bargaining in relation to the proposed collective agreement.

Note:          For other provisions relating to pattern bargaining, see:

(a)           section 439; and

(b)           section 461; and

(c)           section 497.

Negotiating parties must be given the opportunity to be heard

             (2)  The Commission must not make an order under subsection (1) unless it has given the negotiating parties the opportunity to be heard.

Commission may suspend or terminate as it considers appropriate

             (3)  If the Commission is required by subsection (1) to make an order under that subsection, then regardless of the order applied for:

                     (a)  the order may be for the suspension or termination of the bargaining period, as the Commission considers appropriate; and

                     (b)  any period of suspension specified in the order must be such a period as the Commission considers appropriate.

Application does not have to identify bargaining periods

             (4)  An application may be made to the Commission for an order under subsection (1) for the suspension or termination of whatever bargaining periods apply to:

                     (a)  a specified business, or any part of that business; or

                     (b)  a specified part of a specified business;

without specifically identifying the bargaining periods. The application has effect as if it were an application for the suspension or termination of the bargaining period, or each of the bargaining periods, that applies to the specified business (or any part of it), or to the specified part of the business, as the case requires.

Note:          The other requirements of this section must still be complied with in relation to the application.

             (5)  If subsection (4) applies to an application, the Commission must satisfy itself as to which bargaining periods the application has effect in relation to.

Restrictions on initiating new bargaining periods

             (6)  An order under subsection (1) suspending a bargaining period may, if the Commission considers it to be appropriate, contain a declaration that, during some or all of the period while the suspension has effect, a specified negotiating party or employee of the employer:

                     (a)  is not allowed to initiate a new bargaining period in relation to specified matters that are dealt with by the proposed collective agreement; or

                     (b)  may initiate such a bargaining period only on conditions specified in the declaration.

             (7)  An order under subsection (1) terminating a bargaining period may, if the Commission considers it to be appropriate, contain a declaration that, during a specified period beginning at the time of the termination, a specified negotiating party or employee of the employer:

                     (a)  is not allowed to initiate a new bargaining period in relation to specified matters that are dealt with by the proposed collective agreement; or

                     (b)  may initiate such a bargaining period only on conditions specified in the declaration.

Extension of notice period required by subsection 434(3)

             (8)  In an order under subsection (1) suspending a bargaining period, the Commission may, if it is satisfied, in relation to any industrial action that might be taken (by virtue of section 434) after the end of the period of suspension, that there are exceptional circumstances justifying the period of written notice required by subsection 434(3) being longer than 3 days, specify a longer period, of up to 7 days.