39.—(1) An award shall have effect from the date of the award unless all parties to the trade dispute who appear or are represented before the Court otherwise agree or the Court otherwise directs.
(2) An award shall, subject to this Act, continue in force for a period to be specified in the award not being more than 3 years from the date upon which the award comes into force or, except in the case of an interim award, less than 2 years from that date.
(3) Where some or all of the persons and trade unions bound by an award, by an agreement registered under section 25, agree that the award or the award as varied by the agreement shall continue in force for a period not being less than 2 years or more than 3 years after the date on which it would otherwise cease to be in force, the award or the award as varied shall as between the parties to the agreement continue in force for such period.
(4) A Court may, whether or not an award has ceased to be in force, on application by a person or trade union bound by the award, order that the award, or the award as varied by the order, shall continue in force for such period, not being less than 2 years or more than 3 years, after the date on which it would otherwise cease to be in force, as is specified in the order.
(5) Where an application has been made under subsection (4) and a notice under section 18 has been served either before or after such application —
(a)
the proceedings under subsection (4) shall be suspended until the parties concerned have had the opportunity of negotiating and reaching agreement on the proposals made under section 18; and
(b)
in the event of failure to reach agreement within 2 months of the date of service of the invitation to negotiate served under section 18, both parties shall notify the Registrar that no agreement has been reached.
(6) On notification under subsection (5)(b), the application under subsection (4) shall be deemed to be withdrawn and the Court shall proceed to determine the dispute as if a joint application under section 31(a) had been made.