Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 275

Factors the FWC must take into account in deciding terms of a workplace determination

                   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;

                     (b)  for a low-paid workplace determination--the interests of the employers and employees who will be covered by the determination, including ensuring that the employers are able to remain competitive;

                     (c)  for a workplace determination other than a low-paid workplace determination--the interests of the employers and employees who will be covered by the determination;

                     (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.



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