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Procedures to be followed by Board following report of mediator
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45. (1) The Principal Act is amended by substituting the following section for section 96:
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“Procedures to be followed by Board following report of mediator
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96. (1) Where—
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(a) the report furnished to the Board under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute,
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(b) a period of 10 days has elapsed from the date of the completion of the mediation, and
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(c) during that period of 10 days no party to the agreement has made a notification under section 95(5A) to the mediator and the Board,
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the Board shall prepare a determination order under section 121 in respect of the dispute.
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(2) Where—
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(a) one or more of the parties to a dispute request the Board to refer the dispute to the Tribunal, and
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(b) the report furnished to the Board under section 95(5) states that—
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(i) there is no agreement between the parties that has resolved the dispute,
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(ii) the dispute is not resolved notwithstanding that, one, or more than one, of the matters concerning the dispute have been agreed between the parties, or
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(iii) there is an agreement between the parties that has resolved the dispute but, within the period of 10 days following the completion of the mediation, a party to that agreement has made a notification to the mediator and the Board under section 95(5A),
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the Board shall refer the dispute to the Tribunal.”.
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(2) Subsection (1) shall apply to a mediation arranged in accordance with section 93(2) of the Principal Act on or after the commencement of this section.
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