Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 429

             (1)  This section applies if a bargaining period (the former bargaining period ) in relation to a proposed collective agreement has ended because a negotiating party (the former negotiating party ) has given a notice under paragraph 428(b).

             (2)  Subject to this section, the Commission may, by order, declare that, during a specified period, a specified former negotiating party, or a specified employee of the employer:

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

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

             (3)  The Commission must not make an order under subsection (2) unless:

                     (a)  the Commission has given the former negotiating parties an opportunity to be heard; and

                     (b)  the Commission considers that it is in the public interest to make the order; and

                     (c)  either subsection (4) or (5) applies.

             (4)  The Commission may make an order under subsection (2):

                     (a)  on application by a former negotiating party; and

                     (b)  if, assuming the former bargaining period had not ended, the Commission could make an order under subsection 430(1) because a circumstance set out in subsection 430(2), (7) or (8) exists or existed.

             (5)  The Commission may make an order under subsection (2):

                     (a)  on its own initiative, or on application by a former negotiating party; and

                     (b)  if, assuming the former bargaining period had not ended, the Commission could make an order under subsection 430(1) because a circumstance set out in subsection 430(3) exists or existed.