Document ID: chunk:federal_register_of_legislation:C2025C00150:section:266
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 266
Character Range: 772443–774258

266  When the FWC must make an industrial action related workplace determination

Industrial action related workplace determination
 (1) If:
 (a) a termination of industrial action instrument has been made in relation to a proposed enterprise agreement; and
 (b) the post‑industrial action negotiating period ends; and
 (c) 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 make a determination (an industrial action related workplace determination) as quickly as possible after the end of that period.
Note: The FWC must be constituted by a Full Bench to make an industrial action related workplace determination (see subsection 616(4)).

Termination of industrial action instrument
 (2) A termination of industrial action instrument in relation to a proposed enterprise agreement is:
 (a) an order under section 423 or 424 terminating protected industrial action for the agreement; or
 (b) a declaration under section 431 terminating protected industrial action for the agreement.

Post‑industrial action negotiating period
 (3) The post‑industrial action negotiating period is the period that:
 (a) starts on the day on which the termination of industrial action instrument is made; and
 (b) ends:
 (i) 21 days after that day; or
 (ii) if the FWC extends that period under subsection (4)—42 days after that day.
 (4) The FWC must extend the period referred to in subparagraph (3)(b)(i) if:
 (a) 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
 (b) those bargaining representatives have not settled all of the matters that were at issue during bargaining for the agreement.