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FAIR WORK ACT 2009 - SECT 266

When the FWC must make an industrial action related workplace determination

Industrial action related workplace determination

             (1)  If:

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

                     (b)  the post-industrial action negotiating period ends; and

                     (c)  the bargaining representatives for the agreement have not settled all of the matters that were at issue during bargaining for the agreement;

the FWC must make a determination (an industrial action related workplace determination ) as quickly as possible after the end of that period.

Note:          The FWC must be constituted by a Full Bench to make an industrial action related workplace determination (see subsection 616(4)).

Termination of industrial action instrument

             (2)  A termination of industrial action instrument in relation to a proposed enterprise agreement is:

                     (a)  an order under section 423 or 424 terminating protected industrial action for the agreement; or

                     (b)  a declaration under section 431 terminating protected industrial action for the agreement.

Post-industrial action negotiating period

             (3)  The post-industrial action negotiating period is the period that:

                     (a)  starts on the day on which the termination of industrial action instrument is made; and

                     (b)  ends:

                              (i)  21 days after that day; or

                             (ii)  if the FWC extends that period under subsection (4)--42 days after that day.

             (4)  The FWC must extend the period referred to in subparagraph (3)(b)(i) if:

                     (a)  all of the bargaining representatives for the agreement jointly apply to the FWC for the extension within 21 days after the termination of industrial action instrument was made; and

                     (b)  those bargaining representatives have not settled all of the matters that were at issue during bargaining for the agreement.



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