Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 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.



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