Document ID: chunk:federal_register_of_legislation:C2004A01060:clause:1_170mwa
Version: federal_register_of_legislation:C2004A01060
Segment Type: clause
Provision Reference: sch 1 cl 170MWA
Character Range: 4472–6107

170MWA  Power of Commission in relation to new bargaining periods

 (1) This section applies if a bargaining period (the former bargaining period) in relation to a proposed agreement has ended because a negotiating party (the former negotiating party) has given a notice under paragraph 170MV(b).

 (2) Subject to this section, the Commission may, by order, declare that, during a specified period, a specified former negotiating party or 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 agreement; or
 (b) may initiate such 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.

 (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 170MW(1) because a circumstance set out in subsection 170MW(2), (4), (5), (6) or (7) 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 170MW(1) because a circumstance set out in subsection 170MW(3) exists or existed.

Part 2—Application