Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_112
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 112
Character Range: 465397–467617

112  Minister's declaration

Making of declaration

 (1) The Minister may make a written declaration terminating a specified bargaining period, or specified bargaining periods, if the Minister is satisfied that:
 (a) industrial action is being taken, or is threatened, impending or probable; and
 (b) the industrial action is adversely affecting, or would adversely affect, the employer or employers who are negotiating parties, or employees of the employer or employers; and
 (c) the 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).

 (2) The declaration takes effect on the day that it is made.

Making persons aware of the declaration

 (3) The Minister must publish the declaration in the Gazette.

 (4) The Minister must inform the Commission of the making of the declaration.

 (5) The Minister must, as soon as reasonably practicable, take all reasonable steps to make the negotiating parties to the proposed collective agreement or agreements concerned aware:
 (a) of the making of the declaration; and
 (b) of the effect of Division 8 (about workplace determinations once a bargaining period has been terminated); and
 (c) that the negotiating parties 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).

Restriction on initiating new bargaining period

 (6) The Minister may specify in the declaration that, during a specified period beginning on the day that the declaration is made, a specified person:
 (a) is not allowed to initiate a new bargaining period in relation to specified matters that are dealt with by the proposed collective agreement or agreements concerned; or
 (b) may initiate such a bargaining period only on specified conditions.

Declaration not a legislative instrument

 (7) A declaration made under subsection (1) is not a legislative instrument.