Section 164 — Employment Relations Act 2000: Application to individual employment agreements of law relating to contracts

164 Application to individual employment agreements of law relating to contracts Where the Authority, has, under section 69(1)(b) or section 162 , the power to make an order cancelling or varying an individual employment agreement or any term of such an agreement, the Authority may make such an order only if— (a) the Authority (whether or not it gave any direction under section 159(1)(b) in relation to the matter)— (i) has identified the problem in relation to the agreement; and (ii) has directed the parties to attempt in good faith to resolve that problem; and (b) the parties have attempted in good faith to resolve the problem relating to the agreement by using mediation; and (c) despite the use of mediation, the problem has not been resolved; and (d) the Authority is satisfied that any remedy other than such an order would be inappropriate or inadequate. Compare: 1991 No 22 s 104(2)