52ZMFormation of arbitral panel

52ZM Formation of arbitral panel

(1) This section applies if a notice has been given under subsection 52ZL(5).

(2) An arbitral panel is to be formed to arbitrate about the remuneration issue.

(3) The membership of the panel is to be comprised of:

(a) the Chair; and

(b) unless the bargaining parties agree that the sole member of the panel is the Chair—2 other members.

(4) The members of the panel are to be appointed by agreement between the bargaining parties.

(5) The bargaining parties may agree to appoint persons who are, or are not, listed on the register of bargaining code arbitrators.

(6) If the bargaining parties agree on the appointment of one or more of the members, each of the bargaining parties must give the Commission and the ACMA a notice that:

(a) specifies:

(i) the name (or names) of the person (or persons) appointed; and

(ii) the date of the agreement; and

(b) if regulations made for the purposes of this paragraph specify other information—that information.

(7) For the purposes of subsection (6), the notice must be given no later than the end of:

(a) the period of 10 business days after the notice was given under subsection 52ZL(5); or

(b) if regulations made for the purposes of this paragraph specify a different period—that period.

(8) If the bargaining parties cannot agree on the appointment of one or more of the members within that period, the ACMA must make that appointment or those appointments.

(9) The ACMA may only make an appointment of a person who is listed on the register of bargaining code arbitrators.