Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_113d
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 113D
Character Range: 471119–472609

113D  Content of workplace determination

 (1) The workplace determination must contain terms that, in the opinion of the Full Bench, deal with the matters at issue.

 (2) The workplace determination comes into operation on the day on which it is made.

 (3) The workplace determination must contain a term specifying a nominal expiry date for the determination that is no later than 5 years after the date on which the determination commences operating.

 (4) The workplace determination must not contain prohibited content.

 (5) In deciding which terms to include in the workplace determination, the Full Bench must have regard to the following factors only:
 (a) the matters at issue;
 (b) the merits of the case;
 (c) the interests of the negotiating parties and the public interest;
 (d) how productivity might be improved in the business or part of the business concerned;
 (e) the extent to which the conduct of the negotiating parties during the bargaining period was reasonable;
 (f) incentives to encourage parties to pursue negotiated outcomes at a later stage;
 (g) the employer's capacity to pay;
 (h) decisions of the AFPC;
 (i) any other factors specified in the regulations.

 (6) The workplace determination must require disputes about matters arising under the determination to be dealt with in accordance with the model dispute resolution process (see Part VIIA).

 (7) The workplace determination must not contain any terms other than those required by this section.