Section 39: An employer or the trade union shall refer a dispute to the

Commissioner for settlement where- (a) a Trade Group Council fails to reach agreement on a matter under section 32; (b) a dispute arises in connection with a matter not covered by a trade group negotiating council agreement, between a trade group or an employer within a trade group and a trade union holding the appropriate collective bargaining certificate which cannot otherwise be resolved; (c) The Trade Group Council or in respect of paragraph (b) the trade group.