57. Reference of claim to Arbitration Commission---(1) Where a pay
equity claim made in accordance with section 56 of this Act is not
settled within 60 days of the making of that claim, either party may
give the other party written notice that it intends to refer the pay
equity claim to the Arbitration Commission for determination by way of
final offer arbitration.
(2) Where 7 days have elapsed from the date of service of the written
notice under subsection (1) of this section, the party who gave that
notice may refer the pay equity claim to the Arbitration Commission at
any time.
(3) Where a party refers a pay equity claim to the Arbitration
Commission under subsection (2) of this section, that party shall set
out in writing the details of that party's claim and shall supply a copy
of those details to both the Arbitration Commission and the other party.
(4) The details shall include full particulars of the final offer
being made by the party in respect of the pay equity claim.
(5) Neither the giving of a notice under subsection (1) of this
section in relation to a pay equity claim nor the reference of a pay
equity claim to the Arbitration Commission shall prevent the parties
from continuing to negotiate over the pay equity claim or from settling
it.
(6) The reference of a pay equity claim to the Arbitration Commission
shall not prevent the application of the Labour Relations Act 1987 in
relation to the negotiation, settlement, and registration of an award or
agreement in settlement of other claims.