Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 269

When the FWC must make a bargaining related workplace determination

Bargaining related workplace determination

             (1)  If:

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

                     (b)  the post-declaration 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 (a bargaining related workplace determination ) as quickly as possible after the end of that period.

Note 1:       A serious breach declaration may be made in relation to a proposed single-enterprise agreement or a proposed multi-enterprise agreement in relation to which a low-paid authorisation is in operation (see sections 229 and 235).

Note 2:       The FWC must be constituted by a Full Bench to make a bargaining related workplace determination (see subsection 616(4)).

Note 3:       See also section 271A (limitations relating to greenfields agreements).

Post-declaration negotiating period

             (2)  The post-declaration negotiating period is the period that:

                     (a)  starts on the day on which the serious breach declaration is made; and

                     (b)  ends:

                              (i)  21 days after that day; or

                             (ii)  if the FWC extends that period under subsection (3)--42 days after that day.

             (3)  The FWC must extend the period referred to in subparagraph (2)(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 serious breach declaration 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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