Sugar Industry (Local Area Negotiation and Dispute Resolution) Guideline 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 451 Sugar Industry Act 1991 SUGAR INDUSTRY (LOCAL AREA NEGOTIATION AND DISPUTE RESOLUTION) GUIDELINE 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY Division 1—General 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Object of guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Disputes 4 Disputes guideline applies to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Dispute resolution criteria—requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 3—Dispute resolution committee 6 Dispute resolution committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Committee’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—NEGOTIATION 8 Timetable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 When to appoint negotiating representatives . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Appointing mediators and arbitrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 3—MEDIATION Division 1—Conduct of mediation 12 When to proceed to mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Sugar Industry (Local Area Negotiation and Dispute Resolution) No. 451, 1996 13 List of issues to be mediated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Mediation—when, where and how . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Agreed issues form part of award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2—End of mediation and making final offers 16 When mediation ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17 Final offers at end of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18 Considering final offers before meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19 Meeting about final offers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20 Accepting final offers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 21 Accepted offer forms part of award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 4—ARBITRATION Division 1—Beginning arbitration 22 When arbitration begins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 23 Preliminary meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 2—Conducting arbitration 24 Arbitration to be informal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 Arbitrator may exclude observers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Arbitrator may call for sworn evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 27 Arbitrator not bound by rules of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28 Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 29 Arbitrator may call for documents, material or information . . . . . . . . . . . . . 13 30 Commercial confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 31 Arbitrator may seek independent advice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 32 No separate meetings without agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 33 Natural justice to be observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 34 When arbitration ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 3—Arbitrator’s decision 35 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 36 Decision binding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 5—APPLICATIONS FOR REVIEW OF NEGOTIATED OR MEDIATED AGREEMENTS 37 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

3 Sugar Industry (Local Area Negotiation and Dispute Resolution) No. 451, 1996 38 Things application must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 39 How to apply to negotiating team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 40 Documents to be given to negotiating team . . . . . . . . . . . . . . . . . . . . . . . . . 17 41 Hearing review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 42 Negotiating team may amend award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 43 Negotiation, mediation or arbitration if no agreement . . . . . . . . . . . . . . . . . 18 PART 6—MISCELLANEOUS 44 Amalgamating issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 45 Negotiating representative’s function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 46 Mediators and arbitrators not liable to parties . . . . . . . . . . . . . . . . . . . . . . . . 19 47 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 48 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 49 Consultation with representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 50 Help to representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 21 LOCAL AREA NEGOTIATION AND DISPUTE RESOLUTION PROCESS—SUGGESTED TIMETABLE

s1 4 s3 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) PART 1—PRELIMINARY Division 1—General ˙ Short title 1. This guideline may be cited as the Sugar Industry (Local Area Negotiation and Dispute Resolution) Guideline 1996 . 1 ˙ Object of guideline 2. The object of this guideline is to give mill owners and cane growers a simple, flexible and timely way of— (a) resolving a dispute about an issue mentioned in section 4(1)(a) to (c); 2 and (b) agreeing on an award in a commercially oriented way, at local area level. ˙ Definitions 3. In this guideline— “arbitrator” means an arbitrator appointed by a negotiating team or the Corporation. “arbitration” means arbitration under part 4. 3 “cane grower” means an assignment holder. 1 This guideline arises from a report of the local area negotiation and dispute resolution working party. A copy of the report is available from the Queensland Sugar Corporation at 240 Queen Street Brisbane. The guideline reflects the working party’s proposed— (a) arrangements for performing local negotiations; and (b) dispute resolution procedures for issues about awards. 2 Section 4 (Disputes guideline applies to) 3 Part 4 (Final offer arbitration)

s4 5 s4 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) “committee” see section 6(1). 4 “final offer” see section 17(1). 5 “industry” means the Queensland sugar industry. “mediator” means a mediator appointed by a negotiating team or the Corporation. “negotiating representative” means— (a) all of the members of a negotiating team who represent— (i) mill owners; or (ii) growers; or (b) an alternative negotiating representative for members mentioned in paragraph (a)(i) or (ii). “timetable” means the timetable in the schedule, or the timetable as amended under section 8(2). 6 Division 2—Disputes ˙ Disputes guideline applies to 4.(1) This guideline applies to a dispute between a cane grower and a mill owner about making or amending an award, if the dispute is about— (a) harvesting and delivering by a cane grower to a mill of sugar cane grown on land assigned to the mill; or (b) transporting, handling and crushing of sugar cane; or (c) payment for sugar cane by the mill owner, particularly payments relating to the joint achievement of improved productivity or cost reduction measures by the grower and the mill owner. 4 Section 6 (Dispute resolution committee) 5 Section 17 (Final offers at end of mediation) 6 Section 8 (Timetable)

s5 6 s7 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) (2) However, this guideline only applies to the issues in subsection (1) to the extent they are commercially appropriate to the contractual relationship between a cane grower and a mill owner. ˙ Dispute resolution criteria—requirements 5. Dispute resolution criteria must— (a) be commercially orientated, rather than legalistic; and (b) have regard to local conditions and circumstances; and (c) be focussed on— (i) improving the industry’s efficiency and competitiveness; and (ii) enhancing the benefits flowing from industry to cane growers and mill owners; and (iii) encouraging initiative and innovation among cane growers and mill owners. Division 3—Dispute resolution committee ˙ Dispute resolution committee 6.(1) The dispute resolution committee (the “committee” ) is established. (2) The committee— (a) consists of organisations representing cane growers and mill owners; and (b) is chaired by the Corporation. ˙ Committee’s functions 7. The committee’s functions are to— (a) monitor the effective performance of this guideline; and

s 8 7 s 10 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) (b) report to the industry on its operation; and (c) recommend to industry amendments of this guideline. PART 2—NEGOTIATION ˙ Timetable 8.(1) The schedule gives a timetable for a negotiating team to reach agreement in each year before the crushing season begins. (2) The timetable applies to a negotiating team unless the team unanimously agrees to amend it. (3) If a negotiating team agrees to amend the timetable, a copy of the amended timetable must immediately be given to the Corporation. ˙ When to appoint negotiating representatives 9. Negotiating representatives must be appointed in each year on or before the day stated in the schedule. ˙ Negotiation 10.(1) A negotiating team must begin negotiations in each year before the day stated in the timetable. (2) Negotiations must take place at the time and place agreed by the negotiating team. (3) If a negotiating team can not agree, the Corporation must nominate the time and place. (4) An adviser or spokesperson may only attend a negotiation or mediation if invited by a negotiating representative. (5) Issues agreed by a negotiating team form part of the award. (6) Negotiations may continue throughout mediation or arbitration.

s 11 8 s 13 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) ˙ Appointing mediators and arbitrators 11.(1) A negotiating team must, in each year, appoint a mediator at a time that enables the timetable to be complied with. (2) Before mediation begins, a negotiating team must decide whether the mediator is also to be the arbitrator. 7 PART 3—MEDIATION Division 1—Conduct of mediation ˙ When to proceed to mediation 12. A negotiating team must, in each year, proceed to mediation if— (a) it has not unanimously agreed on all issues in dispute before the day stated in the timetable for negotiation to end; or (b) a negotiating representative considers a unanimous agreement is unlikely before that day. ˙ List of issues to be mediated 13.(1) The negotiating representatives must give to the mediator and each other a written list of the issues they believe need to be resolved. (2) The mediator must meet with the representatives, together or separately— (a) to discuss issues to be mediated; and (b) to prepare a final list of issues; and (c) to fix a schedule for steps in the mediation. 7 Under section 52G(4) of the Act (Dispute resolution), if a negotiating team can not decide, the Corporation may appoint the mediator or someone else as the arbitrator.

s 14 9 s 16 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) (3) The steps must include preparing a summary of the representatives’ submissions. (4) Any issue raised by mill representatives or grower representatives may be included in the list of issues. (5) The list must not include an issue about which the negotiating team has already agreed. (6) The completed list may be amended only if the negotiating team unanimously agrees. ˙ Mediation—when, where and how 14.(1) The negotiating team and the mediator must fix a time and place for the mediation to be held. (2) If a time and place is not fixed— (a) the negotiating team must notify the Corporation in writing that a time and place has not been fixed; and (b) the Corporation may fix the time and place. (3) A mediation must be held in the way decided by the mediator after consulting with the negotiating team. ˙ Agreed issues form part of award 15. An issue agreed to by a negotiating team in mediation forms part of the award. Division 2—End of mediation and making final offers ˙ When mediation ends 16.(1) Mediation ends if a negotiating team has not reached agreement on all issues that need to be resolved by the day stated in the timetable. (2) However, the mediator and the negotiating representatives must comply with sections 17 to 19.

s 17 10 s 19 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) ˙ Final offers at end of mediation 17.(1) If a mediation ends, each negotiating representative must give a written offer (a “final offer” ) for resolving all issues in dispute to— (a) the mediator; and (b) the other negotiating representative. 8 (2) A final offer must state the basis on which the negotiating representative is prepared to settle all issues that have not been agreed. (3) The mediator may require a negotiating representative to give a statement explaining the basis of the representative’s final offer. ˙ Considering final offers before meeting 18.(1) The negotiating representatives must be given at least 2 days to consider the final offers (2) However, the mediator may allow a shorter time. ˙ Meeting about final offers 19.(1) After the time to consider final offers under section 18 has ended, the negotiating team and the mediator must meet— (a) to identify issues in the list of issues to be mediated that have not been agreed, for discussion between the negotiating representatives and the arbitrator; and (b) to identify issues to be arbitrated; and (c) to clarify— (i) the provisions of the final offers; and (ii) that the final offers cover all issues to be arbitrated; and (d) to oversee amendments to the offers to show the negotiating representatives’ intentions. 8 If a negotiating representative does not make a final offer, the arbitrator may decide that the other negotiating representative’s final offer forms the award. See section 35(2) (Decision).

s 20 11 s 22 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) (2) A negotiating representative may, if the mediator agrees, amend the representative’s final offer at the meeting. (3) After the meeting, a final offer may only be amended— (a) with the negotiating team’s unanimous agreement; or (b) at a preliminary meeting under section 23. 9 ˙ Accepting final offers 20.(1) An acceptance of a final offer must be— (a) made by each person to whom the offer was made; and (a) written; and (b) given to the offeree. (2) An acceptance may be given at any time before the arbitrator’s decision is handed down. ˙ Accepted offer forms part of award 21. If a final offer is accepted, the provisions of the offer form part of the award. PART 4—ARBITRATION Division 1—Beginning arbitration ˙ When arbitration begins 22.(1) Arbitration must begin if— 9 Section 23 (Preliminary meeting)

s 23 12 s 23 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) (a) mediation has ended; 10 and (b) a meeting with the mediator has been held under section 19; 11 and (c) the negotiating parties have been given time to consider the final offers under section 18; 12 and (d) a final offer that includes all of the issues identified for arbitration at a meeting under section 19(1) 13 has not been accepted. (2) If the arbitrator was not also the mediator, the negotiating representatives must give the arbitrator a copy of their final offers. ˙ Preliminary meeting 23.(1) An arbitrator must hold a preliminary meeting with the negotiating team before arbitration begins. (2) The purpose of the meeting is— (a) if the arbitrator was not also the mediator— (i) if the negotiating representatives’ final offers have not been given to the arbitrator—for the arbitrator to receive the offers; and (ii) to clarify the final offers; and (iii) if amendments to the offers are needed to show the negotiating representatives’ intentions—to oversee the amendments; and (b) for the arbitrator to fix a timetable for procedural issues in the arbitration, including delivering submissions and replies to the arbitrator and the other negotiating representative. 10 For when mediation ends see section 16 (When mediation ends). 11 Section 19 (Meeting about final offers) 12 Section 18 (Considering final offers before meeting) 13 Section 19 (Meeting about final offers)

s 24 13 s 29 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) Division 2—Conducting arbitration ˙ Arbitration to be informal 24. An arbitration must be as informal as is consistent with an appropriate hearing of the issues. ˙ Arbitrator may exclude observers 25. An arbitrator may exclude observers from the arbitration. ˙ Arbitrator may call for sworn evidence 26. An arbitrator may call for sworn oral or documentary evidence. ˙ Arbitrator not bound by rules of evidence 27. An arbitrator is not bound by the rules of evidence. ˙ Submissions 28.(1) An arbitrator may, at any stage of an arbitration, require the negotiating representatives to give written or oral submissions on an issue. (2) A negotiating representative may reply to a submission made by the other negotiating representative. ˙ Arbitrator may call for documents, material or information 29.(1) If an arbitrator considers it necessary to help the arbitrator make a decision, the arbitrator may require the giving of a document, stated material or information in the custody, possession or power of a— (a) negotiating representative; or (b) mill owner concerned in the arbitration; or (c) cane grower for the area of a mill suppliers’ committee concerned in the arbitration.

s 30 14 s 31 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) (2) However, a person need not give a document, material or information for which there is a valid claim of privilege. (3) The arbitrator must take into account a failure to produce a document, material or information for which there is no valid claim of privilege when making a decision on the final offers. ˙ Commercial confidentiality 30.(1) This section applies if a document, material or information is given to an arbitrator under section 29 or otherwise. (2) The person who gave the document, material or information may make a claim to the arbitrator that it is commercially confidential (a “confidentiality claim” ). (3) A confidentiality claim— (a) may be written or oral; and (b) may be made at any time after the document, material or information is given to the arbitrator. (4) If a confidentiality claim is made, the arbitrator may give the document, material or information the claim is about to another person only if— (a) the claimant consents; or (b) the other person undertakes in writing to the arbitrator and to the claimant— (i) not to disclose the document, material or information to another person; and (ii) not to copy the document, material or information; and (iii) to return the document, material or information to the arbitrator at the end of the arbitration or at an earlier time required by the claimant. ˙ Arbitrator may seek independent advice 31.(1) An arbitrator may seek advice from an independent expert if the

s 32 15 s 34 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) negotiating team agrees. (2) If the advice involves extra cost or time for the arbitration, the arbitrator must first obtain the negotiating team’s agreement to the cost or time. (3) Before calling for the information or advice, the arbitrator must notify the negotiating team of— (a) the identity and qualifications of the proposed expert; and (b) the questions the arbitrator intends to put to the expert. (4) The arbitrator must— (a) if the advice is written—give the negotiating team a copy of the advice; or (b) if the advice is oral—disclose the substance of the advice to the negotiating team. (5) In this section— “advice” includes information. ˙ No separate meetings without agreement 32. An arbitrator may separately meet with a negotiating representative in the arbitration before the arbitration ends only if the negotiating team agrees. ˙ Natural justice to be observed 33. An arbitrator must act consistently with natural justice. ˙ When arbitration ends 34. An arbitration ends— (a) when the arbitrator makes a decision; or (b) if before a decision is made— (i) a negotiating representative accepts an offer made by the other negotiating representative; or

s 35 16 s 36 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) (ii) the negotiating representatives reach a negotiated agreement about all of the issues the arbitration is about. Division 3—Arbitrator’s decision ˙ Decision 35.(1) If each negotiating representative has made a final offer, the arbitrator must— (a) make a decision by choosing 1 of the offers within 14 days after submissions close; and (b) give written reasons for the decision to the negotiating representatives. (2) If only 1 final offer has been made, the arbitrator may decide that the offer forms the award. ˙ Decision binding 36.(1) The arbitrator’s decision binds a— (a) negotiating representative; and (b) mill owner concerned in the arbitration; and (c) mill suppliers’ committee concerned in the arbitration; and (d) cane grower for the area of a mill suppliers’ committee concerned in the arbitration. 14 (2) The award must identify the decision as an arbitrated decision. (3) An agreement made by a negotiating team in an arbitration must also form part of the award. 14 Under section 52G(5) of the Act (Dispute resolution) a provision decided by an arbitrator must be included in the award by the negotiating team.

s 37 17 s 40 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) PART 5—APPLICATIONS FOR REVIEW OF NEGOTIATED OR MEDIATED AGREEMENTS ˙ Application of pt 5 37.(1) This part applies if— (a) 20 or more cane growers wish to apply to a negotiating team under the Act, section 126 15 for a review of a provision of an award; and (b) the provision was the result of negotiation or mediation under this guideline. ˙ Things application must state 38.(1) An application for review must state— (a) the parts of the award sought to be reviewed; and (b) the grounds for the application; and (c) how the applicants wish the award to be amended. ˙ How to apply to negotiating team 39.(1) An application must be given to the mill suppliers’ committee to which the application relates. (2) The mill suppliers’ committee must give a copy of the application to each negotiating representative on the negotiating team within 2 days. ˙ Documents to be given to negotiating team 40. The cane growers must give the negotiating team copies of documents they believe concern the team’s consideration of the review. 15 Section 126 of the Act (Application for review of award)

s 41 18 s 43 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) ˙ Hearing review 41.(1) After each negotiating representative on a negotiating team has been given a copy of an application, the team must— (a) fix a time and place for the review to be held; and (b) at that time and place— (i) receive submissions from the applicants; and (ii) hear the application. (2) Submissions may be— (a) formal or informal; and (b) oral or written. ˙ Negotiating team may amend award 42. A negotiating team may amend an award on hearing a review if it unanimously agrees. ˙ Negotiation, mediation or arbitration if no agreement 43.(1) This section applies if a negotiating team does not unanimously agree on the review of an award. (2) The subject of the review becomes an issue in dispute between the negotiating representatives. (3) The dispute must be negotiated, mediated and, if necessary, proceed to arbitration under this guideline. (4) A negotiating representative that did not agree to the review may re-open a part of the award that was made because of negotiation or mediation as an issue in dispute between the negotiating representatives. (5) However, if a part of the award is not re-opened before a mediation ends, the issues in dispute in arbitration are limited to the issues in the review.

s 44 19 s 47 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) PART 6—MISCELLANEOUS ˙ Amalgamating issues 44. A mediator or arbitrator may, if the negotiating team agrees, amalgamate similar issues that have arisen in more than 1 mill area into 1 mediation or arbitration. ˙ Negotiating representative’s function 45.(1) A negotiating representative must use all reasonable endeavours to represent the interests of all persons or bodies the representative has been appointed to represent. (2) A negotiating representative is not liable to a mill owner, cane grower or mill suppliers’ committee on any ground, other than fraud or dishonesty. ˙ Mediators and arbitrators not liable to parties 46.(1) A mediator or arbitrator is not liable to the parties to the mediation or arbitration on any ground, other than fraud or dishonesty. (2) A mediator or arbitrator must— (a) act fairly, in good faith and without bias; and (b) treat issues brought before them in confidence. ˙ Costs 47.(1) The mill owners and the mill suppliers’ committee concerned in a mediation or arbitration must each pay half of— (a) the mediator’s or arbitrator’s fees and expenses; and (b) other costs jointly associated with the mediation or arbitration. (2) Costs incurred by mill or grower representatives must be paid by their negotiating representatives.

s 48 20 s 50 Sugar Industry (Local Area Negotiation and No. 451, 1996 Dispute Resolution) (3) A mill representative must be indemnified by the mill owners concerned in the negotiation, mediation or arbitration for costs the representative incurs under this guideline. (4) A grower representative must be indemnified by the mill suppliers’ committee concerned in the negotiation, mediation or arbitration for costs the representative incurs under this guideline. ˙ Confidentiality 48.(1) Discussions between a negotiating team and the mediator in negotiations or mediation are without prejudice. (2) Evidence of anything done or said, or an admission made, at a mediation or arbitration is inadmissible in a civil proceeding. (3) However, subsections (1) and (2) do not apply if all parties to the negotiation, mediation or arbitration agree. ˙ Consultation with representatives 49 . Proceedings must be conducted by mediators and arbitrators in consultation with the negotiating representatives. ˙ Help to representatives 50.(1) A negotiating representative may be helped in the negotiation, mediation and arbitration process by an adviser or spokesperson. (2) However, a negotiating representative may not be represented by a lawyer or a person who holds a law degree only if the other negotiating representative agrees.

21 Sugar Industry (Local Area Negotiation and Dispute Resolution) No. 451, 1996 ¡ SCHEDULE LOCAL AREA NEGOTIATION AND DISPUTE RESOLUTION PROCESS—SUGGESTED TIMETABLE sections 8 and 9 No later than 31 December No later than 15 February No later than 31 March No later than 30 April No later than 28 May Electing or appointing negotiating representatives as follows— • 2 members from each side. • authorised to finalise binding provisions of agreement. • appointment finalised by 31 December of each year and notified to the other party. Negotiations to begin by 15 February in each year, with an initial meeting taking place. Aim: To achieve a negotiated settlement by the suggested deadline. Mediation phase begins immediately at end of negotiation phase. Mediation must be finished within 30 days. End of formal mediation process and submitting final offers. Arbitration phase begins immediately at end of mediation. Arbitration must be finished within 14 days after submissions close. The award should be available by 28 May.

22 Sugar Industry (Local Area Negotiation and Dispute Resolution) No. 451, 1996 ENDNOTES 1. Made by the Queensland Sugar Corporation on 16 December 1996. 2. Notified in the gazette on 20 December 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries, Fisheries and Forestry. © State of Queensland 1996