Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 273

Mandatory terms of workplace determinations

Mandatory terms

             (1)  This section sets out the mandatory terms that a workplace determination must include.

Term about settling disputes

             (2)  The determination must include a term that provides a procedure for settling disputes:

                     (a)  about any matters arising under the determination; and

                     (b)  in relation to the National Employment Standards.

             (3)  Subsection (2) does not apply to the determination if the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraphs 186(6)(a) and (b) (which deal with terms in enterprise agreements about settling disputes).

Flexibility term

             (4)  The determination must include the model flexibility term unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203 (which deal with flexibility terms in enterprise agreements).

Consultation term

             (5)  The determination must include the model consultation term unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy subsection 205(1) (which deals with terms about consultation in enterprise agreements).



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