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s 163

Purpose of chapter

In force
Chapter 4Collective bargaining
Part 1Preliminary
Division 1Purpose and application

163 Purpose of chapter

The purpose of this chapter is—

(a)

to facilitate collective bargaining by employees and employers, in good faith and with a view to reaching agreement, as the primary basis under this Act on which wages and employment conditions are decided; and

(b)

if the negotiating parties can not reach agreement, to provide for the commission to—

(i)

help the parties reach agreement or, if agreement can not be reached, reduce the matters in dispute; and

(ii)

arbitrate the matter if conciliation is not successful; and

(c)

if the negotiating parties reach agreement, to enable the parties to—

(i)

make an agreement and apply to the commission for the agreement to be certified; or

(ii)

in particular circumstances, apply to the commission for the making of a bargaining award and revocation of the modern award that covers the negotiating parties; and

(d)

to recognise the right of negotiating parties to take protected industrial action, if particular requirements are satisfied, as part of the collective bargaining process.

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