If the imposed procedure is not observed, an application can be made to the courts for an order of specific performance, which directs the parties to use the procedure.
Refusal to observe this order would be contempt of court and could result in a fine. However, although a recalcitrant employer can be forced by a court order to participate in the formal bargaining process, they cannot be forced to negotiate meaningfully if they are determined not to engage with you.
Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.
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