Section 267 — Fair Work Act 2009 (Cth)

Basic rule

(1) An industrial action related workplace determination must comply with subsection (4) and include:

(a) the terms set out in subsections (2) and (3); and

(b) the core terms set out in section 272; and

(c) the mandatory terms set out in section 273.

Note: For the factors that the FWC must take into account in deciding the terms of the determination, see section 275.

Agreed terms

(2) The determination must include the agreed terms (see subsection 274(2)) for the determination.

Terms dealing with the matters at issue

(3) The determination must include the terms that the FWC considers deal with the matters that were still at issue at the end of the post‑industrial action negotiating period.

Coverage

(4) The determination must be expressed to cover:

(a) each employer that would have been covered by the proposed enterprise agreement concerned; and

(b) the employees who would have been covered by that agreement; and

(c) each employee organisation (if any) that was a bargaining representative of those employees.

Related sections

• s 258 — Guide to this Part
• s 259 — Meanings of employee and employer
• s 266 — When the FWC must make an industrial action related workplace determination
• s 268 — No other terms
• s 269 — When the FWC must make an intractable bargaining workplace determination
• s 270 — Terms etc. of an intractable bargaining workplace determination

Research how courts apply s 267

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.