Fair Work Act 2009

This section sets out the mandatory terms that a workplace determination must include.

The determination must include a term that provides a procedure for settling disputes:

about any matters arising under the determination; and

in relation to the National Employment Standards.

Subsection (2) does not apply to the determination if the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraphs 186(6)(a) and (b) (which deal with terms in enterprise agreements about settling disputes).

Unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203 (which deal with flexibility terms in enterprise agreements), the determination must include:

unless paragraph (b) applies—the model flexibility term; or

if the model flexibility term does not comply with subsection 270A(2A)—a term that complies with that subsection and that would, if the determination were an enterprise agreement, satisfy paragraph 202(1)(a) and section 203.

Unless the FWC is satisfied that an agreed term for the determination would, if the determination were an enterprise agreement, satisfy subsection 205(1) (which deals with terms about consultation in enterprise agreements), the determination must include:

unless paragraph (b) applies—the model consultation term; or

if the model consultation term does not comply with subsection 270A(2A)—a term that complies with that subsection and that would, if the determination were an enterprise agreement, satisfy subsection 205(1).

The determination must include a delegates’ rights term for the workplace delegates to whom the determination applies.

Delegates’ rights term is defined in section 12.

The delegates’ rights term must not be less favourable than the delegates’ rights term in any modern award that covers a workplace delegate to whom the determination applies.