16
In forceSettlement of dispute by conciliation
Part 3Access to maritime services at proclaimed ports
Division 4Conciliation
16 Settlement of dispute by conciliation
(1)
If a dispute is referred to the Commission, the Commission must, in the first instance, attempt to resolve the dispute by conciliation.
(2)
The
Commission need not attempt to resolve a dispute by conciliation if, in the Commission's opinion—
(a)
the subject-matter of the dispute is trivial, misconceived or lacking in substance; or
(b)
the parties have not negotiated in good faith.
(3)
In attempting to resolve a dispute by conciliation, the Commission must have regard to the same factors as would be relevant in an arbitration of the dispute.
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