Industrial Relations Act 1996

The giving of a written notice of a declaration under section 129P(3) is taken to be a notification of an industrial dispute under section 130.

Chapter 3 applies to an industrial dispute referred to in subsection (1) subject to the modifications set out in subsection (3).

In conducting an arbitration, the Commission must consider the following—

whether the parties have established and meaningfully participated in an engagement council, being a forum where the parties work together to measure, pursue and monitor productivity growth,

if the parties have agreed to enter into mutual gains bargaining—the conduct of the parties in negotiations and whether the parties have bargained in good faith and in accordance with the principles of mutual gains bargaining.