Section 274 — Fair Work Act 2009 (Cth)

Agreed term for an industrial action related workplace determination

(2) An agreed term for an industrial action related workplace determination is a term that the bargaining representatives for the proposed enterprise agreement concerned had, at the end of the post‑industrial action negotiating period, agreed should be included in the agreement.

Note: The determination must include an agreed term (see subsection 267(2)).

Agreed term for an intractable bargaining workplace determination

(3) An agreed term for an intractable bargaining workplace determination is:

(a) a term that the bargaining representatives for the proposed enterprise agreement concerned had agreed, at the time the application for the intractable bargaining declaration concerned was made, should be included in the agreement; and

(b) any other term, in addition to a term mentioned in paragraph (a), that the bargaining representatives had agreed, at the time the declaration was made, should be included in the agreement; and

(c) if there is a post‑declaration negotiating period for the declaration—any other term, in addition to a term mentioned in paragraph (a) or (b), that the bargaining representatives had agreed, at the end of the period, should be included in the agreement.

Note: The determination must include an agreed term (see subsection 270(2)).

Related sections

• s 271 — No other terms
• s 272 — Core terms of workplace determinations
• s 273 — Mandatory terms of workplace determinations
• s 275 — Factors the FWC must take into account in deciding terms of a workplace determination
• s 276 — When a workplace determination operates etc.
• s 277 — Employers, employees and employee organisations covered by a workplace determination

Research how courts apply s 274

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