Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 275

    The factors that the FWC must take into account in deciding which terms to include in a workplace determination include the following:

  (a)   the merits of the case;

  (c)   the interests of the employers and employees who will be covered by the determination;

  (ca)   the significance, to those employers and employees, of any arrangements or benefits in an enterprise agreement that, immediately before the determination is made, applies to any of the employers in respect of any of the employees;

  (d)   the public interest;

  (e)   how productivity might be improved in the enterprise or enterprises concerned;

  (f)   the extent to which the conduct of the bargaining representatives for the proposed enterprise agreement concerned was reasonable during bargaining for the agreement;

  (g)   the extent to which the bargaining representatives for the proposed enterprise agreement concerned have complied with the good faith bargaining requirements;

  (h)   incentives to continue to bargain at a later time.