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) 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] The Registrar is to refer an agreement filed under subsection (2) 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] 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] 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] 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] 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] Notwithstanding , 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 –