Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_107g:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 107G (pt 1/3)
Character Range: 370030–372899

107G  Suspension and termination of bargaining periods—general powers of Commission

Suspension or termination required if certain circumstances exist

 (1) Subject to subsection (9), the Commission must, by order, suspend or terminate a bargaining period if, after giving the negotiating parties an opportunity to be heard, it is satisfied that any of the circumstances set out in subsections (2), (3) (7) and (8) exists or existed.

Circumstance—failing to genuinely try to reach agreement etc.

 (2) A circumstance for the purposes of subsection (1) is that a negotiating party (not being the applicant for the order) that, before or during the bargaining period, has organised or taken, or is organising or taking, industrial action to support or advance claims in respect of the proposed collective agreement:
 (a) did not genuinely try to reach an agreement with the other negotiating parties before organising or taking the industrial action; or
 (b) is not genuinely trying to reach an agreement with the other negotiating parties; or
 (c) has failed to comply with any orders or directions of the Commission made during the bargaining period that relate to, or that relate to industrial action relating to, the making of the proposed collective agreement or to a matter that has arisen in the negotiations for the proposed collective agreement.

Note: The issue of whether or not a negotiating party is genuinely trying to reach agreement with the other negotiating parties was considered by Justice Munro in Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Print T1982.

Circumstance—industrial action endangering life etc.

 (3) A circumstance for the purposes of subsection (1) is that:
 (a) industrial action to support or advance claims in respect of the proposed collective agreement is being taken, or is threatened, impending or probable; and
 (b) that industrial action is adversely affecting, or would adversely affect, the employer or employees of the employer; and
 (c) that industrial action is threatening, or would threaten:
 (i) to endanger the life, the personal safety or health, or the welfare, of the population or of part of it; or
 (ii) to cause significant damage to the Australian economy or an important part of it.

Note: See also Division 8 (about workplace determinations once a bargaining period has been terminated).

 (4) If an application is made to the Commission for an order under subsection (1) on the grounds of or including a circumstance set out in subsection (3), the Commission must, as far as practicable, hear and determine the application within 5 days after the application is made.

 (5) If subsection (4) applies to an application and the Commission is unable to determine the application within the period referred to in that subsection, the Commission