FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 270 Terms etc. of a bargaining related workplace determination

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 270

Basic rule

             (1)  A bargaining related workplace determination must comply with whichever of subsection (4), (5) or (6) applies and include:

                     (a)  the terms set out in this section; 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 FWA 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(3)) for the determination.

Terms dealing with the matters at issue

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

Coverage--single‑enterprise agreement

             (4)  If the serious breach declaration referred to in paragraph 269(1)(a) was made in relation to a proposed single‑enterprise agreement, the determination must be expressed to cover:

                     (a)  each employer that would have been covered by the agreement; 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.

Coverage--multi‑enterprise agreement

             (5)  If:

                     (a)  the serious breach declaration referred to in paragraph 269(1)(a) was made in relation to a proposed multi‑enterprise agreement in relation to which a low‑paid authorisation is in operation; and

                     (b)  the bargaining representatives for the agreement that contravened a bargaining order as referred to in subsection 235(2) were bargaining representatives of one or more employers that would have been covered by the agreement;

the determination must be expressed to cover:

                     (c)  each of those employers; and

                     (d)  their employees who would have been covered by the agreement; and

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

             (6)  If:

                     (a)  the serious breach declaration referred to in paragraph 269(1)(a) was made in relation to a proposed multi‑enterprise agreement in relation to which a low‑paid authorisation is in operation; and

                     (b)  the bargaining representatives for the agreement that contravened a bargaining order as referred to in subsection 235(2) were bargaining representatives of one or more employees who would have been covered by the agreement;

the determination must be expressed to cover:

                     (c)  the employers of those employees if they are employers that would have been covered by the agreement; and

                     (d)  all of their employees who would have been covered by the agreement; and

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