South Australian Current Acts South Australian Current Acts (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.