Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_107g:p2
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 107G (pt 2/3)
Character Range: 372647–375456

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 must, within that period, make an interim order suspending the bargaining period until the application is determined.

 (6) If the Commission makes an order under subsection (1) terminating a bargaining period in a circumstance set out in subsection (3), the Commission must send each of the negotiating parties a notice:
 (a) setting out the effect of Division 8; and
 (b) informing the negotiating parties that they may agree to submit the matters at issue to an alternative dispute resolution process conducted by the Commission or another provider (see Divisions 4 and 6 of Part VIIA).

Circumstance—organisations and employees who are not members

 (7) A circumstance for the purposes of subsection (1) is that industrial action is being organised or taken by:
 (a) an organisation that is a negotiating party; or
 (b) a member of such an organisation who is employed by the employer; or
 (c) an officer or employee of such an organisation acting in that capacity;
against an employer to support or advance claims in respect of employees:
 (d) whose employment will be subject to the agreement; and
 (e) who are neither members, nor eligible to become members, of the organisation.

Circumstance—demarcation disputes

 (8) A circumstance for the purposes of subsection (1) is that industrial action that is being organised or taken by an organisation that is a negotiating party:
 (a) relates, to a significant extent, to a demarcation dispute; or
 (b) contravenes an order of the Commission that relates, to a significant extent, to a demarcation dispute.

Orders on application or Commission's initiative

 (9) The Commission:
 (a) may not make an order under subsection (1), in a circumstance set out in subsection (2), (7) or (8), except on application by a negotiating party; but
 (b) may make an order under subsection (1), in a circumstance set out in subsection (3):
 (i) on its own initiative; or
 (ii) on application by a negotiating party or the Minister.

Application does not have to identify bargaining periods

 (10) An application may be made to the Commission for an order under subsection (1) for the suspension or termination of whatever bargaining periods apply to:
 (a) a specified business, or any part of that business; or
 (b) a specified part of a specified business;
without specifically identifying the bargaining periods. The application has effect as if it were an application for the suspension or termination of the bargaining period, or each of the bargaining periods, that applies to the specified business (or any