Section 70ZH — Trade Union and Labour Relations (Consolidation) Act 1992: Enforcement of access agreements: initial complaint

Enforcement of access agreements: initial complaint 70ZH 1 A party to an access agreement may make a complaint to the Central Arbitration Committee on the ground that—

a the other party has breached the agreement;

b a person that is not a party to the agreement has taken or is taking steps to prevent access, or has prevented access, from taking place in accordance with the agreement.

2 A complaint under subsection (1) must be made before the end of the period of three months beginning with the day on which the matter complained of is alleged to have occurred.

3 On a complaint under subsection (1), the Central Arbitration Committee may—

a vary the agreement;

b make a declaration that the complaint is or is not well-founded;

c if it makes a declaration that the complaint is well-founded, make an order requiring a person to take any steps specified in the order for the purposes of ensuring that access takes place in accordance with the agreement.

4 An access agreement that is varied under subsection (3)(a) continues to have effect as an access agreement for the purposes of this Chapter.

5 An order under subsection (3)(c) may, where it appears to the Central Arbitration Committee necessary or appropriate to do so, make provision different from that made in the agreement.

6 A declaration or order made by the Central Arbitration Committee under this section must—

a be in writing, and b state the reasons for the declaration or order.

7 For the purposes of this section, a reference to a person taking steps includes a reference to a person not doing something.