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Industrial Relations Act 2016
sec.180Commission to arbitrate disputed matters
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### sec.180 Commission to arbitrate disputed matters
The commission must determine the matters in dispute by arbitration.
To determine the matters in dispute, the commission—
may give directions or make orders of an interlocutory nature; and
without limiting paragraph (a) , before making an arbitration determination may order an increase in wages payable to employees; and
may make any other order, or exercise another power, the commission considers appropriate to determine the disputed matters.
A negotiating party may not be represented by a lawyer in the proceeding before the commission—see section 530 (2) .
The commission must ensure an arbitration determination—
includes the provisions and other matters it would be required to include if the determination were a proposed bargaining instrument the subject of a part 5 application; and
includes any increase in wages ordered by the commission under subsection (2) (b) or agreed by the parties during the arbitration.
In determining the matters in dispute, the commission must consider at least the following—
the merits of the case;
the likely effect of the proposed arbitration determination, and any matters agreed between the negotiating parties before or during the arbitration, on employees and employers to whom the proposed arbitration determination will apply.
s 180 amd 2022 No. 27 s 3 sch 1
(sec.180-ssec.1) The commission must determine the matters in dispute by arbitration.
(sec.180-ssec.2) To determine the matters in dispute, the commission— may give directions or make orders of an interlocutory nature; and without limiting paragraph (a) , before making an arbitration determination may order an increase in wages payable to employees; and may make any other order, or exercise another power, the commission considers appropriate to determine the disputed matters. A negotiating party may not be represented by a lawyer in the proceeding before the commission—see section 530 (2) .
(sec.180-ssec.3) The commission must ensure an arbitration determination— includes the provisions and other matters it would be required to include if the determination were a proposed bargaining instrument the subject of a part 5 application; and includes any increase in wages ordered by the commission under subsection (2) (b) or agreed by the parties during the arbitration.
(sec.180-ssec.4) In determining the matters in dispute, the commission must consider at least the following— the merits of the case; the likely effect of the proposed arbitration determination, and any matters agreed between the negotiating parties before or during the arbitration, on employees and employers to whom the proposed arbitration determination will apply.
- (a) may give directions or make orders of an interlocutory nature; and
- (b) without limiting paragraph (a) , before making an arbitration determination may order an increase in wages payable to employees; and
- (c) may make any other order, or exercise another power, the commission considers appropriate to determine the disputed matters.
- (a) includes the provisions and other matters it would be required to include if the determination were a proposed bargaining instrument the subject of a part 5 application; and
- (b) includes any increase in wages ordered by the commission under subsection (2) (b) or agreed by the parties during the arbitration.
- (a) the merits of the case;
- (b) the likely effect of the proposed arbitration determination, and any matters agreed between the negotiating parties before or during the arbitration, on employees and employers to whom the proposed arbitration determination will apply.