Fair Work Act 2009

An intractable bargaining workplace determination must comply with subsection (4) and include:

the terms set out in this section; 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.

The determination must include the agreed terms (see subsection 274(3)) for the determination.

The determination must include the terms that the FWC considers deal with the matters that were still at issue:

if there is a post‑declaration negotiating period under section 235A for the declaration concerned—after the end of that period; or

otherwise—after making the declaration.

Any such terms must comply with section 270A.

The determination must be expressed to cover:

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