Schedule 2 Procedure for compulsory final offer arbitration for constables

s 67

1 Arbitrating body

(1)

The arbitrating body is a committee appointed from time to time under this clause.

(2)

The committee consists of—

(a)

members nominated in accordance with the following rules:

(i)

up to a total of 2 members may be nominated by the service organisation or, if more than 1 service organisation is a party to the dispute, by the service organisations jointly:

(ii)

up to 2 members may be nominated by the Commissioner:

(iii)

the number of members nominated under subparagraph (i) must be the same as the number nominated under subparagraph (ii); and

(b)

a person to chair the committee, who is to be either—

(i)

a person mutually agreed by the appropriate service organisation and the Commissioner; or

(ii)

a person designated by the chief executive of the Department of Labour.

(3)

If the service organisation or the Commissioner fails to make nominations for the purposes of subclause (2)(a) or act in such a way that the committee cannot be established in accordance with subclause (2), the chief executive of the Department of Labour must appoint as members of the committee the people that the chief executive thinks fit.

2 Statement as to state of negotiations

The appropriate service organisation and the Commissioner must each provide the arbitrating body with a signed statement as to—

(a)

the issues in dispute; and

(b)

the position on those issues of the party providing the statement; and

(c)

full particulars of the final offer being made by the party providing the statement.

3 Copies of statement

When the arbitrating body has received both of the statements required under clause 2, it must supply—

(a)

a copy of the service organisation’s statement to the Commissioner; and

(b)

a copy of the Commissioner’s statement to the service organisation.

4 Hearing and determination of dispute

(1)

The arbitrating body, after giving the parties an opportunity to be heard, must, in accordance with the provisions of this schedule, hear and determine the dispute and settle the terms of the agreement.

(2)

The arbitrating body must, at the conclusion of the hearing and before making its determination, give each of the parties the opportunity to restate in writing, within a specified time or before a specified date, its final offer.

(3)

If a party restates its final offer, the offer as restated is that party’s final offer for the purposes of clause 7.

5 Criteria to be observed by arbitrating body

The arbitrating body, in hearing and determining a dispute in relation to a proposed agreement, must have regard to—

(a)

the recruitment and retention of suitably qualified Police employees to hold the office of constable and to be covered by the proposed agreement; and

(b)

the need for fairness and equity in the rate of pay and conditions of employment for work covered by the proposed agreement; and

(c)

any changes in the content of any job or in the skills, duties, or responsibilities of positions covered by the proposed agreement, including factors that are specific to the work covered by the proposed agreement; and

(d)

any changes in productivity arising from, for example, the introduction of new technology; and

(e)

relativities within the proposed agreement, and between it and other agreements; and

(f)

the need for an agreement to recognise the special conditions applicable to employment in the Police, including the prohibition on strikes by constables; and

(g)

any other matters that the Commissioner, the appropriate service organisation, or the arbitrating body, as the case may be, considers relevant.

6 Application of criteria

In applying the criteria, the arbitrating body is not bound by historical precedent and practice of any sort.

7 Duty of arbitrating body to accept one final offer

In determining any dispute in relation to a proposed agreement, the arbitrating body must accept in full either the final position presented by the appropriate service organisation or the final position presented by the Commissioner.

8 Right of parties to agree on other methods

Nothing in this schedule prevents the parties from agreeing to have the dispute or any issues in dispute determined in a way different from that set out in this schedule.

9 Power of arbitrating body to waive technical irregularities

The arbitrating body in its discretion may waive any technical irregularity or omission that may have occurred in the submission or reference of a dispute to the arbitrating body, if it is satisfied that the provisions of this Act have been substantially complied with.