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Section : Prerequisites for making an application
Domain : Human Resource Management
Classification : Not Identified
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(4) The bargaining representative may only apply for the bargaining order if the bargaining representative: (a) has concerns that: (i) one or more of the bargaining representatives for the agreement have not met, or are not meeting, the good faith bargaining requirements; or (ii) the bargaining process is not proceeding efficiently or fairly because there are multiple bargaining representatives for the agreement; and (b) has given a written notice setting out those concerns to the relevant bargaining representatives; and (c) has given the relevant bargaining representatives a reasonable time within which to respond to those concerns; and (d) considers that the relevant bargaining representatives have not responded appropriately to those concerns. Non-compliance with notice requirements may be permitted (5) FWA may consider the application even if it does not comply with paragraph (4)(b) or (c) if FWA is satisfied that it is appropriate in all the circumstances to do so.