2019-02-12 Attachment 1 to Item 5 - New Delegations

DESCRIPTION OF POWER DELEGATED                                                        LEGISLATION
Power, as the employer and where the circumstances of section 172(1) exist, to        Section 172(2)
negotiate with the single bargaining unit.
Power, as negotiating party, to negotiate in good faith and do all things listed in   Section 173
subsections (2) and (3).
Power, as negotiating party, where the peace obligation period has ended, to          Section
ask the commission to help the parties reach an agreement                             175(1)(b)
Power, as one of the negotiating parties, to notify the commission that the           Section 175(2)
parties intend to resume negotiating without the commission’s help.
Power, as a negotiating party, to comply with an attendance notice and                Section 176(2)
negotiate on Council’s behalf at a conciliation conference.
Power, as one of the negotiating parties, to apply to the commission for              Section 178(1)
arbitration of the matter.
Power, as one of the negotiating parties, to agree matters with the other             Section 181(1)
negotiating parties before or during an arbitration of the matter.
Power, as a negotiating party, to agree with the other negotiating parties the        Section 183(1)
nominal expiry date for the arbitration determination.
Power, as a negotiating party, to apply to the commission for a scope order.          Section 184(1)
Power, as a party to an agreement, to apply to the commission to certify the          Section 189(1)
agreement.
Power, as a party to a proposed bargaining award, to apply to the commission          Section 190(2)
to:-
(a) make the bargaining award; and
(b) terminate the relevant modern award.
Power, as a person who will be covered by a proposed bargaining instrument,           Section 194
to take action that may be necessary to enable the commission to grant the
application, including participating in a conciliation on Council’s behalf.
Power, as a party to a proposed bargaining instrument, to sign it on Council’s        Section
behalf.                                                                               196(1)(b)
Power, as an employer in the circumstances set out in subsection (1), to apply        Section 213(3)
to the commission for a decision under subsection (3).
Power, as the employer, on or before the nominal expiry date of a bargaining          Section 223(1))
instrument, to, apply to the commission to extend the nominal expiry date.
Power, as an employer, to apply to the commission to amend a bargaining               Section 225(1)
instrument.
Power, as an approving party, to approve an amendment to a bargaining                 Section
instrument.                                                                           225(2)(a)(i)
Power, as a person to whom a bargaining instrument applies, to apply to the           Section 225(5)
commission to amend the instrument in one of the ways set out in subsection
(5) and to agree to any amendment.
Power, as a party to a bargaining award or a proposed new party to the award,         Section 226(2)
to, in the circumstances set out in subsection (1), apply to the commission to
amend the bargaining award so the award applies to the proposed new party.
Power, as the employer, on or before the nominal expiry date of a certified           Section 227(1)
agreement or arbitration determination, to apply to the commission to terminate
the agreement or determination.
Power, as the employer, after the nominal expiry date of a certified agreement        Section 228(1)
or arbitration determination, to apply to the commission to terminate the
agreement or determination.
Power, as the person who intends to terminate the agreement or determination          Section 228(2)
to give all other persons to whom the agreement or determination applies,
notice of the intention.



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