Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_107f
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 107F
Character Range: 368345–370030

107F  Power of Commission to restrict initiation of new bargaining periods

 (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 107E(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 107G(1) because a circumstance set out in subsection 107G(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 107G(1) because a circumstance set out in subsection 107G(3) exists or existed.