(1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement.
(2) Either party may by a notice (an election notice)--
(a) to the other party and an authorised officer--ask for an authorised officer to call a conference to negotiate a conduct and compensation agreement; or
(b) to the other party--call upon them to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement.
(3) If the notice calls for an ADR, it must--
(a) identify the ADR; and
(b) state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR (the facilitator).
(4) An ADR may be a process of any kind including, for example, conciliation or mediation.
(5) However, the facilitator must be independent of either party.