Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 235A

Post - declaration negotiating period

  (1)   The FWC may, if it considers it appropriate to do so, specify in the declaration a period (the post - declaration negotiating period ) that:

  (a)   starts on the day the declaration is made; and

  (b)   ends on:

  (i)   the day specified by the FWC in the declaration; or

  (ii)   any later day determined under subsection   (2).

Note:   The FWC cannot make an intractable bargaining workplace determination during any post - declaration negotiating period (see section   269) but may still provide other assistance during the period, such as conciliation.

  (2)   The FWC may, if it considers it appropriate to do so and taking into account any views of the bargaining representatives, extend the period referred to in subsection   (1) by determining a later day for the purposes of subparagraph   (1)(b)(ii).


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