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INDUSTRIAL RELATIONS ACT 1996 - SECT 129Q Application of Chapter 3 after mutual gains bargaining

INDUSTRIAL RELATIONS ACT 1996 - SECT 129Q

Application of Chapter 3 after mutual gains bargaining

129Q Application of Chapter 3 after mutual gains bargaining

(1) The giving of a written notice of a declaration under section 129P(3) is taken to be a notification of an industrial dispute under section 130.
(2) Chapter 3 applies to an industrial dispute referred to in subsection (1) subject to the modifications set out in subsection (3).
(3) In conducting an arbitration, the Commission must consider the following--
(a) whether the parties have established and meaningfully participated in an engagement council, being a forum where the parties work together to measure, pursue and monitor productivity growth,
(b) if the parties have agreed to enter into mutual gains bargaining--the conduct of the parties in negotiations and whether the parties have bargained in good faith and in accordance with the principles of mutual gains bargaining.