Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 266

Industrial action related workplace determination

  (1)   If:

  (a)   a termination of industrial action instrument has been made in relation to a proposed enterprise agreement; and

  (b)   the post - industrial action 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 (an industrial action related workplace determination ) as quickly as possible after the end of that period.

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

Termination of industrial action instrument

  (2)   A termination of industrial action instrument in relation to a proposed enterprise agreement is:

  (a)   an order under section   423 or 424 terminating protected industrial action for the agreement; or

  (b)   a declaration under section   431 terminating protected industrial action for the agreement.

Post - industrial action negotiating period

  (3)   The post - industrial action negotiating period is the period that:

  (a)   starts on the day on which the termination of industrial action instrument is made; and

  (b)   ends:

  (i)   21 days after that day; or

  (ii)   if the FWC extends that period under subsection   (4)--42   days after that day.

  (4)   The FWC must extend the period referred to in subparagraph   (3)(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 termination of industrial action instrument was made; and

  (b)   those bargaining representatives have not settled all of the matters that were at issue during bargaining for the agreement.