Bargaining related workplace determination
(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
(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.