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

Enforcement of access agreements: subsequent complaint 70ZI 1 This section applies where the Central Arbitration Committee has made a declaration under section 70ZH(3) that a complaint about a person is well-founded.

2 A party to an access agreement may make a complaint to the Central Arbitration Committee on any of the following grounds—

a that the person has, before the end of the relevant period, carried out the conduct complained of under section 70ZH again;

b where the complaint under section 70ZH was that the person breached the agreement, that the person has, before the end of the relevant period, breached the agreement again (whether or not in the way complained of under section 70ZH);

c that the person has breached an order under section 70ZH(3)(c).

3 In subsection (2), “ the relevant period ” means the period of 12 months beginning with the date of the declaration.

4 A complaint under subsection (2) must be made before the end of the period of three months beginning with the day on which the alleged conduct occurs.

5 On a complaint about a person under subsection (2), the Central Arbitration Committee may—

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

b if it makes a declaration that the complaint is well-founded, make an order requiring the person to pay an amount to the Central Arbitration Committee.

6 An amount payable under subsection (5)(b) may be any amount that the Central Arbitration Committee considers appropriate, subject to regulations under section 70ZJ.

7 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.

8 A declaration or order made by the Central Arbitration Committee under subsection (5) may be relied on (and enforced by the Central Arbitration Committee or a party to the access agreement) as if it were a declaration or order made by the court.

9 The Central Arbitration Committee must pay into the Consolidated Fund any amounts received under subsection (5)(b).

10 For the purposes of this section, a reference to conduct includes a reference to a person not doing something.