55Making of industrial agreements

### 55 Making of industrial agreements > > (1)  An employee organization may enter into an industrial agreement with an employer organization or any employer or group of employers with respect to an industrial matter. > > > (2)  An agreement made pursuant to [subsection (1)](#GS55@Gs1@EN) may be filed with the Registrar if the parties agree. > > > (3)  *\[Section 55 Subsection (3) amended by No. 59 of 1992, s. 36 \]*[*\[Section 55 Subsection (3) substituted by No. 18 of 1997, s. 25, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS25@EN) The Registrar is to refer an agreement filed under [subsection (2)](#GS55@Gs2@EN) to the President who is to refer the agreement to a Commissioner for a hearing into the matter. > > > (3A)  [*\[Section 55 Subsection (3A) inserted by No. 18 of 1997, s. 25, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS25@EN) In conducting a hearing, a Commissioner is to give the parties to the agreement an opportunity to be heard. > > > (4)  [*\[Section 55 Subsection (4) substituted by No. 18 of 1997, s. 25, Applied:28 Jun 1997\]*](/view/html/inforce/1997-06-28/act-1997-018#GS25@EN) After conducting a hearing a Commissioner may – > > > > > > (a) approve the agreement; or > > > > > > > (b) refuse to approve the agreement. > > > (4A)  [*\[Section 55 Subsection (4A) inserted by No. 74 of 2005, s. 9, Applied:15 Feb 2006\]*](/view/html/inforce/2006-02-15/act-2005-074#GS9@EN) The Commission must ensure that an industrial agreement does not disadvantage the employees to be covered by the agreement. > > > (4B)  [*\[Section 55 Subsection (4B) inserted by No. 74 of 2005, s. 9, Applied:15 Feb 2006\]*](/view/html/inforce/2006-02-15/act-2005-074#GS9@EN) An industrial agreement is taken to disadvantage employees if its approval would result, on balance, in a reduction in the overall terms and conditions of employment of those employees compared with the award or agreement that would otherwise apply to those employees. > > > (4C)  [*\[Section 55 Subsection (4C) inserted by No. 74 of 2005, s. 9, Applied:15 Feb 2006\]*](/view/html/inforce/2006-02-15/act-2005-074#GS9@EN) Notwithstanding [subsection (4A)](#GS55@Gs4A@EN) , the Commission may approve an industrial agreement if it is satisfied that it is appropriate to approve the agreement, having taken into account all of the circumstances including – > > > > > > (a) whether or not the genuine consent of the parties to the agreement has been given; and > > > > > > > (b) the public interest; and > > > > > > > (c) any other matter the Commission considers relevant. > > > (5)  [*\[Section 55 Subsection (5) amended by No. 25 of 2007, s. 8, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS8@EN) *\[Section 55 Subsection (5) amended by No. 59 of 1992, s. 36 \]*An industrial agreement shall be in a form approved by the Commission and operative for a term to be specified in it not exceeding 5 years from the making of the agreement. > > > (5A)  *\[Section 55 Subsection (5A) inserted by No. 59 of 1992, s. 36 \]*The Commission must cause notice of its decision to be served on the parties to the industrial agreement. > > > (6)  *\[Section 55 Subsection (6) substituted by No. 59 of 1992, s. 36 \]*An industrial agreement has effect from – > > > > > > (a) the date it is approved by the Commission; or > > > > > > > (b) such other date agreed by the parties to the agreement and approved by the Commission. > > > (7)  *\[Section 55 Subsection (7) amended by No. 90 of 1994, s. 11 \]*Notwithstanding the expiry of the term of an industrial agreement, it continues in force in respect of all parties to the agreement except those who, pursuant to [subsection (8)](#GS55@Gs8@EN) or [(9)](#GS55@Gs9@EN) , retire from the agreement. > > > (7A)  *\[Section 55 Subsection (7A) inserted by No. 59 of 1992, s. 36 \]*Not less than 30 days nor more than 60 days before the expiry of an industrial agreement the Registrar must serve on each party to the agreement a written notice reminding that party of the expiry date of the agreement. > > > (8)  Not more than 30 days before the expiry of an industrial agreement, a party to the agreement may file in the office of the Registrar a notice in the prescribed form signifying his intention to retire from the agreement on the day on which the agreement expires and that party shall, on that day, cease to be a party to the agreement. > > > (9)  At any time after the expiry of an industrial agreement, a party to the agreement may file in the office of the Registrar a notice in the prescribed form signifying his intention to retire from the agreement at the expiration of the period of 30 days from the filing of the notice and that party shall, on the expiration of that period, cease to be a party to the agreement. > > > (10)  *\[Section 55 Subsection (10) inserted by No. 59 of 1992, s. 36 \]*If all parties to an industrial agreement agree to enter into an enterprise agreement, they may, by mutual consent, retire from that industrial agreement by filing in the office of the Registrar a notice in the prescribed form signifying their intention to retire on the day on which the enterprise agreement is to commence and on that day the industrial agreement ceases to have effect.