Terms etc. of an industrial action related workplace determination
267 Terms etc. of an industrial action related workplace determination
Basic rule
An industrial action related workplace determination must comply with subsection (4) and include:
the terms set out in subsections (2) and (3); and
the core terms set out in section 272; and
the mandatory terms set out in section 273.
For the factors that the FWC must take into account in deciding the terms of the determination, see section 275.
Agreed terms
The determination must include the agreed terms (see subsection 274(2)) for the determination.
Terms dealing with the matters at issue
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
The determination must be expressed to cover:
each employer that would have been covered by the proposed enterprise agreement concerned; and
the employees who would have been covered by that agreement; and
each employee organisation (if any) that was a bargaining representative of those employees.
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