Queensland Consolidated Acts

WORK HEALTH AND SAFETY ACT 2011 - SECT 54

54 Failure of negotiations

(1) If negotiations to make or vary an agreement fail, any person who is or would be a party to the negotiations may ask the regulator to appoint an inspector for the purposes of this section.

(2) For this section, negotiations have failed if agreement is not reached on a matter mentioned in section 52 (3) , or a matter relating to the variation of the agreement, at the end of—

(a) for negotiations to make an agreement—14 days after a request is made under section 50 ; or

(b) for negotiations to vary an agreement—14 days after a party to the agreement requests a variation; or

(c) for negotiations for which the parties have agreed to extend the period under section 52 (5C) —the extended period.

(3) An inspector appointed under subsection (1) must attempt to assist the parties to agree on any matter mentioned in section 52 (3) that is in dispute.

(4) Subsection (5) applies if the inspector reasonably believes that the parties are unlikely to reach an agreement on a matter mentioned in subsection (3) within 7 days after the appointment.

(5) The inspector must, within 7 days after the appointment—

(a) for negotiations to make an agreement—

(i) decide any matter mentioned in section 52 (3) that has not been determined by the parties; or

(ii) decide that a work group should not be determined; or

(b) for negotiations to vary an agreement—

(i) decide a matter that is the subject of the proposed variation; or

(ii) decide that the agreement should not be varied.

(6) A decision under subsection (5) (a) or (b) is taken to be an agreement between the parties under section 52 .

(7) A failure to comply with subsection (3) , (4) or (5) does not invalidate a decision or a purported decision under subsection (5) (a) or (b) .