Making scope orders
185 Making scope orders
The commission may make an order providing for the matters mentioned in section 186 in relation to a proposed bargaining instrument if satisfied—
an application for the order has been made under section 184; and
the negotiating party who made the application has not contravened the requirement to negotiate in good faith under section 173; and
the group of employees to be covered by the proposed bargaining instrument to be stated in the scope order was fairly chosen; and
it is reasonable in all the circumstances to make the order.
For subsection (1)(c), if the group of employees does not include all employees of each employer who will be covered by the proposed bargaining instrument, in deciding whether the group was fairly chosen the commission must consider whether the group is geographically, operationally or organisationally distinct.
The scope order may relate to more than 1 proposed bargaining instrument.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.