Chicken Meat Industry (Arbitration) Amendment Act 2004 (SA)

South Australia

Chicken Meat Industry (Arbitration) Amendment Act 2004

An Act to amend the Chicken Meat Industry Act 2003.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Chicken Meat Industry (Arbitration) Amendment Act 2004.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Chicken Meat Industry Act 2003

4—Amendment of section 5—Intention of Act

Section 5(2)(b)—delete "5,"

5—Amendment of section 9—Registrar's obligation to preserve confidentiality

Section 9(2)—after paragraph (a) insert:

1. (ab)

   the Registrar and a mediator mediating a dispute under this Act; or

6—Amendment of section 21—Mediation

1. (1)

   Section 21(1)—delete "arbitration" wherever occurring and substitute in each case:

   mediation

2. (2)

   Section 21(4) to (6)—delete subsections (4) to (6) and substitute:

   1. (4)

      The Registrar need not refer a dispute for mediation if the Registrar considers that—

      1. (a)

         the parties have not undertaken sufficient negotiations in relation to the subject matter of the dispute or have not undertaken negotiations in good faith; or

      2. (b)

         it is highly unlikely that the dispute would be resolved through mediation; or

      3. (c)

         the subject matter of the dispute is trivial, misconceived or lacking in substance; or

      4. (d)

         there are other good reasons why the dispute should not be referred to mediation.

   2. (5)

      The mediation must be conducted by—

      1. (a)

         a person agreed to by the parties; or

      2. (b)

         if the parties cannot agree on a mediator, the Registrar or some other person appointed by the Registrar who is, in the opinion of the Registrar, suitably qualified to mediate the dispute.

   3. (6)

      The costs of a mediation—

      1. (a)

         must be determined in accordance with a scale approved by the Registrar; and

      2. (b)

         must be borne by the parties in proportions determined by the mediator; and

      3. (c)

         will be recoverable by the mediator as a debt.

3. (3)

   Section 21(7)—delete "arbitrator" and substitute:

   mediator

4. (4)

   Section 21(7)—delete "arbitrating" and substitute:

   mediating

5. (5)

   Section 21(8)—delete "arbitrator" wherever occurring and substitute in each case:

   mediator

7—Amendment of section 28—Interpretation and application

Section 28(2)(a)—delete paragraph (a) and substitute:

1. (a)

   the grower was, immediately before the commencement of this Part, party to a growing agreement collectively negotiated with the processor, or was party to such an agreement when it expired; and

8—Amendment of Schedule 2—Arbitration

Schedule 2, clause 3—delete clause 3 and substitute:

3—Parties to arbitration

The parties to the arbitration are the processor and grower concerned.