Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_113c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 113C
Character Range: 470242–471119

113C  When Full Bench must make workplace determination

 (1) The Commission must make a determination (a workplace determination) under this section if:
 (a) the negotiating period has ended; and
 (b) the negotiating parties have not settled the matters at issue (whether or not by making a workplace agreement).

 (2) The workplace determination can be made only by a Full Bench.

 (3) The Full Bench must make the workplace determination as quickly as practicable after the end of the negotiating period.

 (4) For the purposes of paragraph (1)(b), the negotiating parties are taken not to have settled the matters at issue if:
 (a) the negotiating parties make a workplace agreement purporting to settle the matters at issue; and
 (b) the workplace agreement is not approved in accordance with section 98C.

 (5) Workplace determinations are not legislative instruments.