When the FWC must make an industrial action related workplace determination
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.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.
Try BriefBridge free