322ACommission to assist bargaining

#### 322A Commission to assist bargaining 322A Commission to assist bargaining > > (1) The Commission must assist in bargaining in good faith for agreements between an association of contract carriers and a principal contractor or association of employing contractors. > > > (2) For that purpose, the Commission may convene a compulsory conference and require the attendance of any person whose presence the Commission considers would help in the bargaining. > > > (3) A compulsory conference must be presided over by a member of the Commission. > > > (4) The Commission may confer with any person on any matter that may affect the bargaining, without requiring the person to attend a compulsory conference. > > > (5) If unresolved, the Commission must first attempt to resolve the bargaining by conciliation. > > > (6) The Commission, when attempting the conciliation, must do everything that seems to be proper to assist the parties to make an agreement. > > > (7) During conciliation proceedings, the Commission may make a recommendation or give a direction to the parties. > > > (8) Failure to comply with a recommendation or direction may not be penalised but may be taken into account by the Commission in exercising the Commission’s functions under this Act. > > > (9) The action that may be taken by the Commission to assist the parties includes making arrangements or giving directions for the convening and conduct of conferences of the parties or their representatives, whether or not compulsory conferences and whether or not presided over by a member of the Commission. > > > (10) The Commission, when dealing with parties negotiating an agreement, must consider whether the parties have bargained in good faith and, in particular, whether the parties have— > > > > > (a) attended meetings they have agreed to attend, and > > > > > (b) complied with agreed or reasonable negotiating procedures, and > > > > > (c) disclosed relevant information for the purposes of negotiation, other than confidential or commercially sensitive information. > > > (11) The Commission may make recommendations or give directions to the parties to bargain in good faith. > > **s 322A:** Ins 2025 No 20, Sch 1\[13\].