79(1)Where an employer or employers’ organization and a bargaining agent have bargained collectively with a view to the making of a collective agreement, or the renewal or revision of an agreement or the making of a new agreement, but have failed to reach agreement, the parties may, by agreement in writing to be bound by an award, submit their differences to arbitration before an arbitrator or arbitration board.

79(2)An agreement to be bound by an award made under subsection (1) is effective when filed with the Minister.

79(3)On the filing of an agreement to arbitrate under subsection (1) or on submitting the difference to an arbitrator or an arbitration board under subparagraph 36.1(5)(b)(ii), subsections 55(2) to (5), section 73 and 74, subsections 75(1) and (2), subsections 76(1) and (2) and subsections 77(1) and (2) shall apply with the necessary modifications and subsection 131(2) shall apply to the proceedings and award of the arbitrator or arbitration board as if the arbitrator or arbitration board were named therein.

79(4)The arbitrator or arbitration board appointed or constituted under this section shall endeavour to bring about a settlement of the differences between the bargaining agent and the employer and to formulate an agreement which, upon being entered into by the parties, shall be a collective agreement under this Act.

79(5)Where the arbitrator or arbitration board is unsuccessful in formulating an agreement satisfactory to both parties, and after considering the matters of difference together with any other matter considered necessarily incidental to a resolution of the matters of difference, the arbitrator or arbitration board shall render an award in respect thereto.

79(6)An award made under subsection (5) shall not include any matter to which the parties agreed under subsection (4) and shall, whenever possible, be made in a form

79(7)An award under subsection (5) may be retroactive to a day prior to the day on and from which it becomes binding on the parties but in no case shall the award be retroactive, where no collective agreement was in operation, to a day before the day on which notice to bargain collectively was given by either party, or, where a collective agreement was in operation, before the expiration date of the agreement or the expiration date of a provision therein subject to revision under the agreement.

79(8)The arbitrator or arbitration board shall, in respect of every award made under subsection (5), determine and specify therein the term for which the award shall be operative and, in making its determination, he or it shall take into account,

79(9)Where an award is made under subsection (5) and it appears to a party bound by the award that the arbitrator or arbitration board has failed to deal with any matter of difference, or that a term of the award requires clarification, such party may, within seven days after the release of the award, request the arbitrator or arbitration board to reconvene and, upon any such request, the arbitrator or arbitration board shall reconvene and deal with the matter of the request in the same manner as in the case of a difference between the parties initially before the arbitrator or arbitration board.

79(10)An award under subsection (5), subject to subsection (9), shall forthwith be incorporated into a collective agreement and subsections 37(3), (5) and (6) apply mutatis mutandis and, until so incorporated, the award, subject to subsection 57(2), shall have the effect of a collective agreement for the purposes of this Act.

79(1)Where an employer or employers’ organization and a bargaining agent have bargained collectively with a view to the making of a collective agreement, or the renewal or revision of an agreement or the making of a new agreement, but have failed to reach agreement, the parties may, by agreement in writing to be bound by an award, submit their differences to arbitration before an arbitrator or arbitration board.

79(2)An agreement to be bound by an award made under subsection (1) is effective when filed with the Minister.

79(3)Upon the filing of an agreement to arbitrate under subsection (1), subsections 55(2) to (5), section 73, 74, subsections 75(1) and (2), subsections 76(1) and (2), and subsection 77(2) shall apply mutatis mutandis and subsection 131(2) shall apply to the proceedings and award of the arbitrator or arbitration board as if the arbitrator or arbitration board were named therein.

79(4)The arbitrator or arbitration board appointed or constituted under this section shall endeavour to bring about a settlement of the differences between the bargaining agent and the employer and to formulate an agreement which, upon being entered into by the parties, shall be a collective agreement under this Act.

79(5)Where the arbitrator or arbitration board is unsuccessful in formulating an agreement satisfactory to both parties, and after considering the matters of difference together with any other matter considered necessarily incidental to a resolution of the matters of difference, the arbitrator or arbitration board shall render an award in respect thereto.

79(6)An award made under subsection (5) shall not include any matter to which the parties agreed under subsection (4) and shall, whenever possible, be made in a form

79(7)An award under subsection (5) may be retroactive to a day prior to the day on and from which it becomes binding on the parties but in no case shall the award be retroactive, where no collective agreement was in operation, to a day before the day on which notice to bargain collectively was given by either party, or, where a collective agreement was in operation, before the expiration date of the agreement or the expiration date of a provision therein subject to revision under the agreement.

79(8)The arbitrator or arbitration board shall, in respect of every award made under subsection (5), determine and specify therein the term for which the award shall be operative and, in making its determination, he or it shall take into account,

79(9)Where an award is made under subsection (5) and it appears to a party bound by the award that the arbitrator or arbitration board has failed to deal with any matter of difference, or that a term of the award requires clarification, such party may, within seven days after the release of the award, request the arbitrator or arbitration board to reconvene and, upon any such request, the arbitrator or arbitration board shall reconvene and deal with the matter of the request in the same manner as in the case of a difference between the parties initially before the arbitrator or arbitration board.

79(10)An award under subsection (5), subject to subsection (9), shall forthwith be incorporated into a collective agreement and subsections 37(3), (5) and (6) apply mutatis mutandis and, until so incorporated, the award, subject to subsection 57(2), shall have the effect of a collective agreement for the purposes of this Act.

79(1)Where an employer or employers’ organization and a bargaining agent have bargained collectively with a view to the making of a collective agreement, or the renewal or revision of an agreement or the making of a new agreement, but have failed to reach agreement, the parties may, by agreement in writing to be bound by an award, submit their differences to arbitration before an arbitrator or arbitration board.

79(2)An agreement to be bound by an award made under subsection (1) is effective when filed with the Minister.

79(3)Upon the filing of an agreement to arbitrate under subsection (1), subsections 55(2) to (5), section 73, 74, subsections 75(1) and (2), subsections 76(1) and (2), and subsection 77(2) shall apply mutatis mutandis and subsection 131(2) shall apply to the proceedings and award of the arbitrator or arbitration board as if the arbitrator or arbitration board were named therein.

79(4)The arbitrator or arbitration board appointed or constituted under this section shall endeavour to bring about a settlement of the differences between the bargaining agent and the employer and to formulate an agreement which, upon being entered into by the parties, shall be a collective agreement under this Act.

79(5)Where the arbitrator or arbitration board is unsuccessful in formulating an agreement satisfactory to both parties, and after considering the matters of difference together with any other matter considered necessarily incidental to a resolution of the matters of difference, the arbitrator or arbitration board shall render an award in respect thereto.

79(6)An award made under subsection (5) shall not include any matter to which the parties agreed under subsection (4) and shall, whenever possible, be made in a form

79(7)An award under subsection (5) may be retroactive to a day prior to the day on and from which it becomes binding on the parties but in no case shall the award be retroactive, where no collective agreement was in operation, to a day before the day on which notice to bargain collectively was given by either party, or, where a collective agreement was in operation, before the expiration date of the agreement or the expiration date of a provision therein subject to revision under the agreement.

79(8)The arbitrator or arbitration board shall, in respect of every award made under subsection (5), determine and specify therein the term for which the award shall be operative and, in making its determination, he or it shall take into account,

79(9)Where an award is made under subsection (5) and it appears to a party bound by the award that the arbitrator or arbitration board has failed to deal with any matter of difference, or that a term of the award requires clarification, such party may, within seven days after the release of the award, request the arbitrator or arbitration board to reconvene and, upon any such request, the arbitrator or arbitration board shall reconvene and deal with the matter of the request in the same manner as in the case of a difference between the parties initially before the arbitrator or arbitration board.

79(10)An award under subsection (5), subject to subsection (9), shall forthwith be incorporated into a collective agreement and subsections 37(3), (5) and (6) apply mutatis mutandis and, until so incorporated, the award, subject to subsection 57(2), shall have the effect of a collective agreement for the purposes of this Act.