Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Any negotiation party may apply to the arbitral body for a determination under section 38 in relation to the act if:
(a) at least 6 months have passed since the notification day (see subsection 29(4)); and
(b) no agreement of the kind mentioned in paragraph 31(1)(b) has been made in relation to the act.
Withdrawal of application
(2) At any time before a determination in relation to the act is made under section 36A or 38, the negotiation party may withdraw the application by giving notice to the arbitral body.
(3) Even though the application has been made, the negotiation
parties may continue to negotiate with a view to obtaining an agreement of the
kind mentioned in paragraph 31(1)(b) before a determination in relation
to the act is made under section 36A or 38. If they make such an
agreement before such a determination is made, the application is taken to
have been withdrawn.