New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 129P

129P Provisions applying if mutual gains bargaining unresolved

(1) If the parties are unable to reach an agreement, the following may declare that the mutual gains bargaining is unresolved--

(a) the facilitator, or

(b) if the parties decided not to use the services of a facilitator during the mutual gains bargaining--one or both of the parties.

(2) Unless the facilitator for the mutual gains bargaining is the Commission, the person referred to in subsection (1)(a) or (b) must consult the Commission before making the declaration.

(3) The person making the declaration must give written notice of the declaration and a report specifying the following to the Commission--

(a) whether, in the opinion of the person making the declaration, the parties have bargained in good faith,

(b) which matters remain in dispute in the negotiations,

(c) whether, in the opinion of the person making the declaration, the parties have negotiated in accordance with the principles of mutual gains bargaining,

(d) other issues the person making the declaration considers relevant.

(4) The regulations may prescribe the way the written notice and report must be given.

(5) To avoid doubt, if the facilitator for the mutual gains bargaining is the Commission--

(a) the reference to the facilitator in subsection (1)(a) and the person making the declaration in subsection (3) is taken to be the individual exercising the functions of the Commission, and

(b) the written notice and report referred to in subsection (3) must be given instead to the President of the Commission.