Fair Work Act 2009

If:

a termination of industrial action instrument has been made in relation to a proposed enterprise agreement; and

the post‑industrial action negotiating period ends; and

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 be constituted by a Full Bench to make an industrial action related workplace determination (see subsection 616(4)).

A termination of industrial action instrument in relation to a proposed enterprise agreement is:

an order under section 423 or 424 terminating protected industrial action for the agreement; or

a declaration under section 431 terminating protected industrial action for the agreement.

The post‑industrial action negotiating period is the period that:

starts on the day on which the termination of industrial action instrument is made; and

ends:

21 days after that day; or

if the FWC extends that period under subsection (4)—42 days after that day.

The FWC must extend the period referred to in subparagraph (3)(b)(i) if:

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

those bargaining representatives have not settled all of the matters that were at issue during bargaining for the agreement.