(1)  An employee organization may enter into an industrial agreement with an employer organization or any employer or group of employers with respect to an industrial matter.

(2)  An agreement made pursuant to subsection (1) may be filed with the Registrar if the parties agree.

(3)  The Registrar is to refer an agreement filed under subsection (2) to the President who is to refer the agreement to a Commissioner for a hearing into the matter.

(3A)  In conducting a hearing, a Commissioner is to give the parties to the agreement an opportunity to be heard.

(4)  After conducting a hearing a Commissioner may –

(a) approve the agreement; or

(b) refuse to approve the agreement.

(4A)  The Commission must ensure that an industrial agreement does not disadvantage the employees to be covered by the agreement.

(4B)  An industrial agreement is taken to disadvantage employees if its approval would result, on balance, in a reduction in the overall terms and conditions of employment of those employees compared with the award or agreement that would otherwise apply to those employees.

(4C)  Notwithstanding subsection (4A) , the Commission may approve an industrial agreement if it is satisfied that it is appropriate to approve the agreement, having taken into account all of the circumstances including –

(a) whether or not the genuine consent of the parties to the agreement has been given; and

(b) the public interest; and

(c) any other matter the Commission considers relevant.

(5)  An industrial agreement shall be in a form approved by the Commission and operative for a term to be specified in it not exceeding 5 years from the making of the agreement.

(5A)  The Commission must cause notice of its decision to be served on the parties to the industrial agreement.

(6)  An industrial agreement has effect from –

(a) the date it is approved by the Commission; or

(b) such other date agreed by the parties to the agreement and approved by the Commission.

(7)  Notwithstanding the expiry of the term of an industrial agreement, it continues in force in respect of all parties to the agreement except those who, pursuant to subsection (8) or (9) , retire from the agreement.

(7A)  Not less than 30 days nor more than 60 days before the expiry of an industrial agreement the Registrar must serve on each party to the agreement a written notice reminding that party of the expiry date of the agreement.

(8)  Not more than 30 days before the expiry of an industrial agreement, a party to the agreement may file in the office of the Registrar a notice in the prescribed form signifying his intention to retire from the agreement on the day on which the agreement expires and that party shall, on that day, cease to be a party to the agreement.

(9)  At any time after the expiry of an industrial agreement, a party to the agreement may file in the office of the Registrar a notice in the prescribed form signifying his intention to retire from the agreement at the expiration of the period of 30 days from the filing of the notice and that party shall, on the expiration of that period, cease to be a party to the agreement.

(10)  If all parties to an industrial agreement agree to enter into an enterprise agreement, they may, by mutual consent, retire from that industrial agreement by filing in the office of the Registrar a notice in the prescribed form signifying their intention to retire on the day on which the enterprise agreement is to commence and on that day the industrial agreement ceases to have effect.