Industrial Relations (Amendment) Act 2015

9.

Variation of registered employment agreements

9. (1) Subject to this section, a party to a registered employment agreement may apply to the Court to vary the agreement in its application to any worker or workers to whom it applies.

(2) Where all of the parties to the registered employment agreement agree to vary the agreement in the terms of the proposed application, the Court shall within 6 weeks of receipt of an application under subsection (1) consider the application and shall hear all persons appearing to the Court to be interested and desiring to be heard.

(3) Not later than 4 weeks after considering an application under subsection (2) and where it is satisfied that it is appropriate to do so, having regard to the matters specified in subsection (3) of section 8 , the Court shall, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.

(4) Where a party to a registered employment agreement wishes to apply to the Court to vary the agreement, and one or more parties to the agreement does not agree with the proposed variation, a party to the agreement may invoke the dispute resolution procedures contained in the agreement.

(5) Where the dispute resolution procedures have been invoked under subsection (4) and the parties to the registered employment agreement have failed to reach agreement, a party to the registered employment agreement may refer the dispute to the Workplace Relations Commission for conciliation.

(6) Following a referral of a dispute to the Workplace Relations Commission under subsection (5), where the parties have failed to arrive at a settlement of the dispute through conciliation, the Commission shall, within 6 weeks of referral of the dispute, forward a report to the Court stating that it is satisfied that no further efforts on its part will advance the resolution of the dispute and, notwithstanding section 26 of the Act of 1990, the Commission shall request the Court to investigate the dispute.

(7) On receipt of a report under subsection (6), the Court shall consider the request and shall hear all persons appearing to the Court to be interested and desiring to be heard, and the Court shall, within 6 weeks of receipt of the report, issue a recommendation to the parties to the registered employment agreement setting out its opinion on the merits of the dispute and the terms on which it should be settled.

(8) Where, 6 weeks after the date on which a recommendation under subsection (7) has issued, the dispute has not been resolved, a party to the agreement may apply to the Court to vary the agreement in the terms of the Court’s recommendation.

(9) The Court shall consider an application under subsection (8) and shall hear all persons appearing to the Court to be interested and desiring to be heard, and after such consideration, where it is satisfied that it is appropriate to do so having regard to the matters specified in subsection (3) of section 8 , the Court shall, within 6 weeks of receipt of the application, as it thinks fit, refuse the application or make an order varying the agreement in such manner as it thinks proper.

(10) Where a registered employment agreement provides that a party may withdraw from the agreement where the Court has made an order under subsection (9), the Court shall where it has—

(a) made an order under that subsection, and

(b) received notice from a party to the agreement of that party’s proposal to withdraw from the agreement,

cancel or amend the agreement as appropriate.