Common use of Arbitration Powers of the AIRC Clause in Contracts

Arbitration Powers of the AIRC. 1.5.1 The powers of the AIRC in arbitrating a dispute shall include the following: (a) taking evidence on oath or affirmation; (b) making a decision in relation to all or any matters in dispute; (c) hearing and determining the matter in dispute; (d) giving a direction, in the course of, or for the purpose of, the hearing or determination of the matter in dispute; (e) referring any matter to an expert and accepting the expert’s report as evidence; (f) directing, in so far as it has power to do so, that Parties be joined or struck out; (g) summoning before it persons in respect of whom the Parties to this Agreement can reasonably procure attendance, the Parties to the Agreement, the witnesses or any other person whose presence the AIRC considers would help in the hearing or determination of the matter in dispute and compel the production before it of documents and other things for the hearing and determination of the matter in dispute; (h) making an interim finding in relation to all or any matters in dispute; (i) hearing submissions from the Parties as to the facts or issues pertaining to the dispute; (j) conducting the arbitration at any place; (k) adjourning the arbitration to any time and place; (l) correcting, amending, or waiving any error, defect or irregularity, whether in substance or form; (m) allowing the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding; (n) generally giving all direction and do all such things as are necessary or expedient for the speedy and just hearing and determination of the matter in dispute; and (o) inform itself in any matter that it thinks fit. 1.5.2 Any decision of the AIRC dealing with a dispute (or any matter that remained in dispute) by arbitration shall include reasons for the decision and shall be in writing, dated and given to the Parties on the day that it is delivered.

Appears in 2 contracts

Samples: LHG North and Central Queensland Agreement 2008, LHG North and Central Queensland Agreement 2006

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Arbitration Powers of the AIRC. 1.5.1 5.1 The powers of the AIRC in arbitrating a dispute shall include the following: (a) taking evidence on oath or affirmation; (b) making a decision in relation to all or any matters in dispute; (c) hearing and determining the matter in dispute; (d) giving a direction, in the course of, or for the purpose of, the hearing or determination of the matter in dispute; (e) referring any matter to an expert and accepting the expert’s report as evidence; (f) directing, in so far as it has power to do so, that Parties be joined or struck out; (g) summoning before it persons in respect of whom the Parties to this Agreement can reasonably procure attendance, the Parties to the Agreementagreement, the witnesses or any other person whose presence the AIRC considers would help in the hearing or determination of the matter in dispute and compel the production before it of documents and other things for the hearing and determination of the matter in dispute; (h) making an interim finding in relation to all or any matters in dispute; (i) hearing submissions from the Parties as to the facts or issues pertaining to the dispute; (j) conducting the arbitration at any place; (k) adjourning the arbitration to any time and place; (l) correcting, amending, or waiving any error, defect or irregularity, whether in substance or form; (m) allowing the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;; and (n) generally giving all direction and do all such things as are necessary or expedient for the speedy and just hearing and determination of the matter in dispute; and (o) inform itself in any matter that it thinks fit. 1.5.2 5.2 Any decision of the AIRC dealing with a dispute (or any matter that remained in dispute) by arbitration shall include reasons for the decision and shall be in writing, dated and given to the Parties parties on the day that it is delivered. 5.3 The parties agree, subject to any right of appeal as dealt with in this agreement, to accept the arbitrated decision as final and binding on the parties

Appears in 1 contract

Samples: Enterprise Agreement

Arbitration Powers of the AIRC. 1.5.1 The powers of the AIRC in arbitrating a dispute shall include the following: (a) taking evidence on oath or affirmation; (b) making a decision in relation to all or any matters in dispute; (c) hearing and determining the matter in dispute; (d) giving a direction, in the course of, or for the purpose of, the hearing or determination of the matter in dispute; (e) referring any matter to an expert and accepting the expert’s report as evidence; (f) directing, in so far as it has power to do so, that Parties be joined or struck out; (g) summoning before it persons in respect of whom the Parties to this Agreement can reasonably procure attendance, the Parties to the Agreement, the witnesses or any other person whose presence the AIRC considers would help in the hearing or determination of the matter in dispute and compel the production before it of documents and other things for the hearing and determination of the matter in dispute; (h) making an interim finding in relation to all or any matters in dispute; (i) hearing submissions from the Parties as to the facts or issues pertaining to the dispute; (j) conducting the arbitration at any place; (k) adjourning the arbitration to any time and place; (l) correcting, amending, or waiving any error, defect or irregularity, whether in substance or form; (m) allowing the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding; (n) generally giving all direction and do all such things as are necessary or expedient for the speedy and just hearing and determination of the matter in dispute; and (o) inform itself in any matter that it thinks fit. 1.5.2 . Any decision of the AIRC dealing with a dispute (or any matter that remained in dispute) by arbitration shall include reasons for the decision decisions and shall be in writing, dated and given to the Parties on the day that it is delivered.

Appears in 1 contract

Samples: Officeworks Businessdirect Nuw Agreement 2006

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Arbitration Powers of the AIRC. 1.5.1 The powers of the AIRC in arbitrating a dispute shall include the following: (a) taking evidence on oath or affirmation; (b) making a decision in relation to all or any matters in dispute; (c) hearing and determining the matter in dispute; (d) giving a direction, in the course of, or for the purpose of, the hearing or determination of the matter in dispute; (e) referring any matter to an expert and accepting the expert’s report as evidence; (f) directing, in so far as it has power to do so, that Parties be joined or struck out; (g) summoning before it persons in respect of whom the Parties to this Agreement can reasonably procure attendance, the Parties to the Agreementagreement, the witnesses or any other person whose presence the AIRC considers would help in the hearing or determination of the matter in dispute and compel the production before it of documents and other things for the hearing and determination of the matter in dispute; (h) making an interim finding in relation to all or any matters in dispute; (i) hearing submissions from the Parties as to the facts or issues pertaining to the dispute; (j) conducting the arbitration at any place; (k) adjourning the arbitration to any time and place; (l) correcting, amending, or waiving any error, defect or irregularity, whether in substance or form; (m) allowing the amendment, on such terms as it considers appropriate, of any application or other document relating to any proceeding;; and (n) generally giving all direction and do all such things as are necessary or expedient for the speedy and just hearing and determination of the matter in dispute; and. (o) inform Inform itself in any matter that it thinks fit. 1.5.2 Any decision of the AIRC dealing with a dispute (or any matter that remained in dispute) by arbitration shall include reasons for the decision and shall be in writing, dated and given to the Parties on the day that it is delivered.

Appears in 1 contract

Samples: Turners and Australasian Meat Industry Employees’ Union (South Australia) Agreement 2007

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