Terms of the Referral Agreement. 4.2.1 The Parties confer on the Commission all of the functions and powers prescribed by The Act, as amended, including all related procedural powers in accordance with the Regulations, Rules and Practice Directions of the Commission.
4.2.2 In referring a Dispute to the Commission, the Parties agree the Commission may exercise all of the functions and powers prescribed by The Act, as amended, including all related procedural powers Regulations, Rules and Practice Directions of the Commission.
4.2.3 Subject to the rights of appeal of any party, any determination, award, order or direction made by the Commission, in relation to the Agreement, is binding on the Parties. The Parties will implement forthwith or within such other time as may be specified by the Commission, any determination, award, order, finding, direction or other decision made by the Commission.
4.2.4 A party may decide to appeal a determination, award, order or direction made by the Commission pursuant to this Referral Agreement. Any such appeal must proceed in a manner as provided by Chapter 4 Part 7 of The Act and must be determined in a manner as provided in section 192 of The Act.
4.2.5 The making of this Referral Agreement does not prejudice the ability of the Parties to agree to refer any future dispute to the Commission under another Referral Agreement.
4.2.6 This Referral Agreement may not be modified or varied unless by further written agreement signed by the Parties.
4.2.7 This Referral Agreement shall remain in force until 18 December 2010, or until terminated by written agreement, signed by the Parties. The Referral Agreement may continue to operate beyond the nominal expiry date until rescinded and replaced by the Parties.
4.2.8 The Parties also agree that this Referral Agreement complies with the model dispute resolution process in Part 13 of the Workplace Relations Act 1996 (as amended) ("The WR Act"), to the extent that The WR Act can or does apply to that Dispute, [employer] and/or [union].
