This Page was Last Updated on 2
September 2010
Rule, Clause or Condition |
Determination |
Date of Hearing |
Points made within Determination (Verbatim
extracts given in Italics, or between “quotes”)
|
C4 Acceptance of a Proposal for Change |
AD21 |
October 2000 |
The
provisions of this part set out clear procedures and duties on both parties
wishing to promote change, and those wishing to oppose such proposals; the
arrangements include the means of entering dispute resolution. If either party fails to protect its
interests by invoking the provisions of this clause, then there will be
deemed to be tacit acceptance of the other party’s case. Contractually this is an end of a road. The
Committee “was firm in its view
that, if an issue of change had been properly processed by one party, and the
other party had not, at the due time, exercised any contractual rights to
protect its interests, that other party could not, by withholding due
payments, obtain a “second bite” chance to get its arguments heard” {AD21
paragraph 12}. |