129PProvisions applying if mutual gains bargaining unresolved

#### 129P Provisions applying if mutual gains bargaining unresolved 129P Provisions applying if mutual gains bargaining unresolved > > (1) If the parties are unable to reach an agreement, the following may declare that the mutual gains bargaining is unresolved— > > > > > (a) the facilitator, or > > > > > (b) one or both of the parties, whether or not the services of a facilitator have been used. > > > (2) Unless the facilitator for the mutual gains bargaining is the Commission, the person referred to in subsection (1)(a) or (b) must consult the Commission before making the declaration. > > > (3) The person making the declaration must give written notice of the declaration and a report specifying the following to the Commission— > > > > > (a) whether, in the opinion of the person making the declaration, the parties have bargained in good faith, > > > > > (b) which matters remain in dispute in the negotiations, > > > > > (c) whether, in the opinion of the person making the declaration, the parties have negotiated in accordance with the principles of mutual gains bargaining, > > > > > (d) other issues the person making the declaration considers relevant. > > > (4) The regulations may prescribe the way the written notice and report must be given. > > > (5) To avoid doubt, if the facilitator for the mutual gains bargaining is the Commission— > > > > > (a) the reference to the facilitator in subsection (1)(a) and the person making the declaration in subsection (3) is taken to be the individual exercising the functions of the Commission, and > > > > > (b) the written notice and report referred to in subsection (3) must be given instead to the President of the Commission. > > **s 129P:** Ins 2023 No 41, Sch 1.1\[1\]. Am 2025 No 42, Sch 1\[4\].