Subject to the provisions of this Act, the Commission may at any time and from time to time during thecurrency of any Public Service determination or Public Service order or wage worker determination or wage worker order make determinations (in this Act called amending determinations) for all or any of the following purposes:

At any time within two months (or such extended time as the Commission may in any case notify in the Public Service Official Circular) after the date of the publication of any amending determination made under subsection (1) of this section, the New Zealand Public Service Association (Incorporated) or any service organisation whose members are affected by the determination may apply in writing to the Government Service Tribunal for an order varying the amending determination.

The Government Service Tribunal shall have jurisdiction to hear and determine any application made to it under subsection (2) of this section, and may make an order varying, confirming, or cancelling the amending determination. In arriving at its decision the Tribunal shall have regard to the matters specified in subsection (1) of this section in relation to the matters which may be taken into account in making amending determinations.

Without restricting the foregoing provisions of this section, it is hereby declared that, at any time within two months after the date of the publication of any Public Service determination or wage worker determination, the Commissionmay make an amending determination cancelling or varying the previous determination.

Except as provided in this section, a Public Service determination or a wage worker determination shall not be revoked until after the expiration of one year from the date on which it came into force.”

Notwithstanding anything to the contrary in this Act, the Commission may make determinations consolidating any existing Public Service determinations or Public Service orders or both, or consolidating any existing wage worker determinations or wage worker orders or both:

“Provided that, where a consolidating determination is so made, all limitations of time applicable under this Act to the making of any Public Service determination or Public Service order or wage worker determination or wage worker order, or to any matter ancillary thereto, shall apply to every provision of the consolidating determination in all respects as if the consolidating determination had not been made.”

No Public Service determination or wage worker determination, other than a determination arising out of an application by a service organisation under subsection (10) of section 41 of this Act, shall be issued by the Commission otherwise than as provided in this section.

Where the Commission proposes to issue any such determination, it shall, before doing so, give to every service organisation any member of which would be affected by the proposed determination notice of its intention to issue the determination, which notice shall include a copy of the proposed determination in draft form or shall otherwise fully indicate the purpose and effect thereof.

At any time within fourteen days after the date on which it receives notice of the intention to issue the determination as aforesaid, a service organisation may advise the Commission that it wishes to negotiate on the proposed determination, and shall indicate the grounds on which it objects to the proposed determination. Any service organisation givingadvice to the Commission that it wishes to negotiate on a proposed determination shall commence negotiations within fourteen days after the date on which the notice was given to the Commission, and the determination to which objection has been raised shall not be issued until the negotiation has taken place.

If a service organisation does not advise the Commission that it wishes to negotiate on a proposed determination, or if, having advised its intention to negotiate, it fails to commence negotiations within fourteen days after the date on which it gives the notice, or fails to pursue the negotiations with due diligence, the Commission may proceed to issue the proposed determination.

At the request of any party to any matter or proceedings relating to a determination in respect of which an application has been made to the Government Service Tribunal under this Act, the Prime Minister shall appoint a conciliator whose duty it shall be to assist the service organisation and the Commission to reach agreement on the subject matter of the application.

Every such request for the appointment of a conciliator shall be lodged with the Prime Minister before any order arising out of the application and relating to the matters covered by the application is issued by the Tribunal.

The conciliator shall appoint a day and place for the conciliation proceedings, and shall, in the prescribed manner, direct the service organisation and the Commission to attend.

Subject to the provisions of this Act and of any regulations made under this Act, the conciliation proceedings shall be conducted in such manner as the conciliator thinks fit.

At the conclusion of the proceedings or when the conciliator is satisfied that further progress is unlikely he shall—

Nothing in this section shall in any way affect the rights of any party in any application to or proceedings before the Tribunal in relation to the subject matter of the conciliation.

Nothing in this section shall operate to restrict consultation or discussion at any time between the parties to any matter by agreement of the parties. No such consultation or discussion shall prevent or influence any formal proceedings or hearings under this Act, except as may be agreed by the parties.”