WORKPLACE RELATIONS ACT 1996 - SECT 432 Suspension of bargaining periods--cooling off

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 432

Suspension if would assist in resolving matters at issue

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

                     (a)  a negotiating party applies to the Commission for the bargaining period to be suspended under this section; and

                     (b)  protected action is being taken in respect of the proposed collective agreement; and

                     (c)  the Commission considers that the suspension is appropriate, having regard to:

                              (i)  whether suspending the bargaining period would be beneficial to the negotiating parties because it would assist in resolving the matters at issue; and

                             (ii)  the duration of the action; and

                            (iii)  whether suspending the bargaining period would be contrary to the public interest or inconsistent with the objects of this Act; and

                            (iv)  any other matters that the Commission considers relevant.

Period of suspension

             (2)  The period of suspension specified in the order must be a period that the Commission considers appropriate.

Extension of suspension

             (3)  The Commission must, by order, extend the period of suspension by a specified period that the Commission considers appropriate if:

                     (a)  a negotiating party applies to the Commission for the period of suspension to be extended; and

                     (b)  the Commission considers that the extension is appropriate, having regard to:

                              (i)  the matters referred to in paragraph (1)(c); and

                             (ii)  whether the negotiating parties, during the period of suspension, genuinely tried to reach an agreement.

             (4)  The Commission must not make an order under subsection (3) extending the period of suspension if that period has previously been extended.

Negotiating parties must be given opportunity to be heard

             (5)  The Commission must not make an order under subsection (1) or (3) unless it has given the negotiating parties the opportunity to be heard.

Commission to inform negotiating parties that they may submit matters at issue for alternative dispute resolution

             (6)  If the Commission makes an order under subsection (1) or (3), the Commission must send each of the negotiating parties a notice informing the negotiating parties that they may agree to submit the matters at issue to an alternative dispute resolution process conducted by the Commission or another provider (see Part 13).

Extension of notice period required by subsection 434(3)

             (7)  In an order under subsection (1) or (3), 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.