Mandatory terms of workplace determinations
Mandatory terms (1) This section sets out the mandatory terms that a workplace determination must include. Term about settling disputes (2) The determination must include a term that provides a procedure for settling disputes: (a) about any matters arising under the determination; and (b) in relation to the National Employment Standards. (3) Subsection (2) does not apply to the determination if the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraphs 186(6)(a) and (b) (which deal with terms in enterprise agreements about settling disputes). Flexibility term (4) The determination must include the model flexibility term unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203 (which deal with flexibility terms in enterprise agreements). Consultation term (5) The determination must include the model consultation term unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy subsection 205(1) (which deals with terms about consultation in enterprise agreements). Delegates’ rights term (6) The determination must include a delegates’ rights term for the workplace delegates to whom the determination applies. Note: Delegates’ rights term is defined in section 12. (7) The delegates’ rights term must not be less favourable than the delegates’ rights term in any modern award that covers a workplace delegate to whom the determination applies.
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.
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