Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 269

    If an intractable bargaining declaration has been made in relation to a proposed enterprise agreement, the FWC must make a determination (an intractable bargaining workplace determination ) as quickly as possible:

  (a)   if there is a post - declaration negotiating period for the declaration under section   235A--after the end of that period; or

  (b)   otherwise--after making the declaration.

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