4.3 In the event that the matter cannot be resolved within the periods specified at Stage Two of the procedure, the Independent Person shall invite the parties to make final written submissions concerning the points of dispute.
4.3.1 If the Independent Person then believes it would be worthwhile, the parties may be given a short period of further discussion of up to five (5) Business Days although the Independent Person may increase this period at their discretion.
4.3.2 If the Independent Person does not believe that the matter will not be resolved by allowing a further period of discussion or if during any additional period allowed for discussion the parties are unable to agree on how to bring the matter to a successful conclusion, then the Independent Person will proceed to a final binding arbitration.
4.3.3 The Independent Person shall hear such further evidence as the parties may choose to advance (either in writing or by oral submission) and having heard such evidence and reached a conclusion the Independent Person will impose a revised package of terms and conditions applicable to each of the affected employees. The parties agree to be bound by the decision of the Independent Person and shall adhere to the requirements of their decision.
The time limit for this final stage of the procedure is ten (10) Business Days. This period may be extended at the discretion of the Independent Person.
4.4 For the avoidance of doubt, following the resolution of any dispute at any stage of the procedure set out above, then the new package of conditions of employment will be applied both to new starters and to those employed by hubco or any Partnering Subcontractor and/or their subcontractors engaged during the period during which the dispute was being resolved.