Section Sch5-“ 10 — Employment Relations Act 2000: Approval by Court or Employment Relations Authority of instruments or proposed instruments

“ 10 Approval by Court or Employment Relations Authority of instruments or proposed instruments “ (1) Despite anything in the Employment Relations Act 2000, the Court may, of its own motion or on the application of any party, examine the provisions of any proposed collective agreement under that Act fixing any rate of remuneration of employees, whether or not those provisions have been agreed upon in conciliation, in order to determine whether the provisions of the proposed collective agreement meet such of the requirements of sections 3 to 6 of this Act as are applicable. “ (2) After hearing the parties or, if the Court thinks fit, without hearing the parties, the Court may,— “ (a) if the Court is satisfied that those provisions meet the requirements of sections 3 to 6 of this Act, approve those provisions: “ (b) if the Court is not so satisfied,— “ (i) refer the proposed collective agreement back to the parties for further consideration and amendment of those provisions in order to meet the requirements of sections 3 to 6 of this Act and, if it does so, the Court may state principles for the guidance of the parties for the implementation of equal pay in that collective agreement; or “ (ii) amend the provisions of the proposed collective agreement in order to meet the requirements of sections 3 to 6 of this Act, and make the collective agreement as so amended. “ (3) Despite anything in any other Act or in any rule of law, the Employment Relations Authority may, of its own motion or on the application of an Inspector, examine the provisions of any instrument or proposed instrument (not being a collective agreement under the Employment Relations Act 2000) in order to determine whether the provisions of the instrument or proposed instrument fixing any rate of remuneration for employees meet such of the requirements of sections 3 to 7 of this Act as are applicable. “ (4) After hearing the parties to the instrument or proposed instrument or their representatives or, if the Employment Relations Authority thinks fit, without a hearing, the Employment Relations Authority may,— “ (a) if the Employment Relations Authority is satisfied that those provisions meet such of the requirements of sections 3 to 7 of this Act as are applicable, approve those provisions: “ (b) if the Employment Relations Authority is not so satisfied,— “ (i) refer the instrument or proposed instrument back to the parties, or, as the case may be, to the appropriate authority, for renegotiation or, as the case may be, for reconsideration or amendment of those provisions in order to meet those requirements, and, if it does so, the Employment Relations Authority may state principles for the guidance of the parties or that authority for the implementation of equal pay in that instrument or proposed instrument; or “ (ii) in the case of an instrument, amend it to the extent necessary to meet those requirements and the instrument as so amended has effect accordingly. “ (5) The Employment Relations Authority must not exercise any of its powers under this section without a hearing if any party to the instrument or proposed instrument requests a hearing. ”