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Section : 54 Failure of negotiations
Domain : Human Resource Management
Classification : Not Identified

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  • (1) If there is a failure of negotiations (including negotiations concerning the variation of an agreement), 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) An inspector appointed under subsection (1) may decide:
  1. (a) the matters referred to in section 52(3), or any of those matters which is the subject of the proposed variation (as the case requires); or
  2. (b) that work groups should not be determined or that the agreement should not be varied (as the case requires).
  • (3) For the purposes of this section, there is a failure of negotiations if:
  1. (a) the person conducting the business or undertaking has not taken all reasonable steps to commence negotiations with the workers and negotiations have not commenced within 14 days after:
  2. (i) a request is made under section 50; or
  3. (ii) a party to the agreement requests the variation of the agreement; or

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