The Authority can only facilitate collective bargaining if:
If one of the criteria above are met and we agree to assist the parties, the Authority Member responsible will decide which process we will use to facilitate the bargaining.
The facilitation process takes place in private. While facilitation is going on:
At the end of the facilitation process, the Authority can make recommendations about:
The Authority can choose to make our recommendations public in the interests of reaching a settlement.
The parties do not have to follow our recommendations, but they must consider the recommendations in good faith. They cannot reject the recommendations without first considering them.
A party can apply to the Authority to fix the terms and conditions of a collective agreement after a serious and sustained breach of good faith.
They can only do this if:
If the Authority fixes the terms and conditions of a collective agreement, this means that the Authority decides what will be included in the collective agreement.
Once fixed, the collective agreement becomes a binding and enforceable agreement just as if it had been agreed, ratified and signed by the parties.