6.—(1) Where, in the opinion of the Court, a dispute that is the subject of a recommendation under section 5 has not been resolved, the Court may, at the request of a trade union F13[…] and following a review of all relevant matters, make a determination.

(2) A determination under subsection (1) F14[shall] have regard to F14[the totality of remuneration and conditions of employment and may have regard to] dispute resolution and disciplinary procedures, in the employment concerned but shall not provide for arrangements for collective bargaining.

(3) A determination under subsection (1) shall be in the same terms as a recommendation under section 5 except where—

(a) the Court has agreed a variation with the parties, or

(b) the Court has decided that the recommendation concerned or a part of that recommendation was grounded on unsound or incomplete information.

F15[(4) Where, pursuant to paragraph (b) of subsection (3), the Court has decided that the recommendation concerned, or a part of that recommendation, was grounded on unsound or incomplete information, the determination shall be made in accordance with subsections (5) to (9).

(5) The Court shall not make a determination providing for an improvement in the remuneration, terms and conditions of employment of a grade, group or category of worker unless it is satisfied that the totality of remuneration and conditions of employment of the workers concerned provides a lesser benefit to the workers concerned having regard to the totality of remuneration and conditions of employment of comparable workers employed in similar employments.

(6) For the purposes of subsection (5) and the consideration of whether the totality of remuneration and conditions of employment of a grade, group or category of worker provides a lesser benefit to the workers concerned having regard to the totality of remuneration and conditions of employment of comparable workers employed in similar employments, subsections (4) and (5) of section 5 shall apply.

(7) Where collective agreements concerning the grade, group or category of worker are commonplace in similar employments to the employment which is the subject of the dispute, the Court shall, in addition to other evidence presented by the parties, have due regard to the terms of such agreements for the time being in force.

(8) Where collective agreements concerning the grade, group or category of worker are not commonplace in similar employments to the employment which is the subject of the trade dispute, the Court shall have due regard to all evidence presented by the parties whether by way of collective agreements or established, to the satisfaction of the Court, by other means.

(9) The Court shall, for the purpose of making a determination, have regard to the effect such determination may have on the maintenance of employment and the long term sustainability of the business of the employer.]