Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 258

Guide to this Part

This Part is about workplace determinations, which provide terms and conditions for those national system employees to whom they apply.

Division 2 deals with low-paid workplace determinations. Bargaining representatives for a proposed multi-enterprise agreement may apply to the FWC for such a determination if they are unable to reach agreement on the terms that should be included in the agreement.

Division 3 deals with industrial action related workplace determinations. The FWC must make such a determination if:

       (a)     a termination of industrial action instrument is made in relation to a proposed enterprise agreement; and

      (b)     after the end of the post-industrial action negotiating period, the bargaining representatives for the agreement have not settled the matters that were at issue during bargaining for the agreement.

Division 4 deals with bargaining related workplace determinations. The FWC must make such a determination if:

       (a)     a serious breach declaration is made in relation to a proposed enterprise agreement; and

      (b)     after the end of the post-declaration negotiating period, the bargaining representatives for the agreement have not settled the matters that were at issue during bargaining for the agreement.

Division 5 sets out the core terms, mandatory terms and agreed terms of workplace determinations. It also sets out the factors that the FWC must take into account in deciding the terms of a workplace determination.

Division 6 deals with the operation, coverage and interaction etc. of workplace determinations. It also provides that, subject to certain exceptions, this Act applies to a workplace determination that is in operation as if it were an enterprise agreement that is in operation.

Division 7 deals with other matters relating to workplace determinations.



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