Common use of Formal Determination Clause in Contracts

Formal Determination. If the matter(s) in dispute remain unresolved the Commission may make a formal determination. The parties agree to abide by the determination. Before making its determination the Commission will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the AIRC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. The Commission can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. The AIRC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the AIRC under the Workplace Relations Act 1996.

Formal Determination. If the matter(s) in dispute remain unresolved the Commission may make a formal determination. The parties agree to abide by the determination. Before making its determination the Commission will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the AIRC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. The Commission can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. The AIRC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the AIRC under the Workplace Relations Act 19961996 (as amended).