the MEA - ASU NSW

Arbitrationcontent of any such discussion and shall not expressly or impliedly convey thecontent of such discussion (or part thereof) unless specifically authorised to do so.d. If Fair Work Australia is of the view that having completed the above process thematter(s) in dispute remains unresolved, it will do one or more of the followingthings:i. make suggestions for resolution of the dispute;ii. express opinions as to what would constitute a reasonable resolution of thedispute, or any part thereof; oriii. if the matter in dispute is not resolved, it may within seven days, provide awritten report to the parties expressing Fair Work Australia’s opinion ofwhat would constitute a reasonable resolution of the dispute, or any partthereof.e. Any function performed by Fair Work Australia in this regard is advisory only,and is not binding upon the parties.(g)If arbitration is necessary Fair Work Australia will have all the powers in relation tohearings, witnesses, evidence and submissions which it deems necessary to make thearbitration effective, in accordance with Chapter 6, part 6.2 of the Fair Work act 2009.Further:a. Each party agrees to be bound by the arbitration decision of Fair Work Australiaand each party agrees it will not exercise a right of appeal against the decision.b. Before making its decision, Fair Work Australia will give the parties anopportunity to be heard formally on the matter(s) in dispute.c. In making its decision, Fair Work Australia will only have regard to the materials,including witness evidence, and submissions put before it at the hearing and willdisregard any admissions, concession, offers or claims made in conciliation.d. The parties will abide by any directions issued.e. Fair Work Australia will provide the decision in writing to the parties as quickly aspracticable after hearing the parties.Work to continue as normal(h)Until the dispute or grievance is resolved, work must continue in accordance with thecustom and practice in existence prior to notification of the dispute or grievance.Exceptions to this clause shall exist:a. In cases of health and safety matters where existing conditions may place a party atrisk, orb. Where existing conditions may place either party under unreasonable duresspending resolution of the matter.No party shall be prejudiced as to the final settlement by the continuation of work inaccordance with clause 34.35. FAIR EMPLOYMENT PRACTICECommunity Sector Multiple Enterprise Agreement 2009