Document ID: chunk:federal_register_of_legislation:C2024C00243:section:54
Version: federal_register_of_legislation:C2024C00243
Segment Type: section
Provision Reference: s 54
Character Range: 99326–100640

54  Failure of negotiations
 (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:
 (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
 (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:
 (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:
 (i) a request is made under section 50; or
 (ii) a party to the agreement requests the variation of the agreement; or
 (b) agreement cannot be reached on a matter relating to the determination of a work group (or the variation of an agreement concerning a work group) within a reasonable time after negotiations commence.
 (4) A decision under this section is taken to be an agreement under section 52.

Subdivision 3—Multiple‑business work groups