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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 August 2015 - onwards
Version 3 of 3

5. Recommendation by Court on trade dispute.

(1) The Court, having investigated a trade dispute under section 2, may make a recommendation giving its opinion in the matter and, where appropriate, its view as to the action that should be taken having regard to the totality of remuneration and conditions of employment, and to dispute resolution and disciplinary procedures, in the employment concerned.

(2) A recommendation under subsection (1) shall not provide for arrangements for collective bargaining.

(3) The Court shall not make a recommendation providing for an improvement in the remuneration and conditions of employment of a grade, group or category of worker unless it is satisfied that the totality of the 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.

(4) When considering if 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, the Court shall have regard to -