Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 269

When the FWC must make an intractable bargaining workplace determination

    If an intractable bargaining declaration has been made in relation to a proposed enterprise agreement, the FWC must make a determination (an intractable bargaining workplace determination ) as quickly as possible:

  (a)   if there is a post - declaration negotiating period for the declaration under section   235A--after the end of that period; or

  (b)   otherwise--after making the declaration.

Note:   The FWC must be constituted by a Full Bench to make an intractable bargaining workplace determination (see subsection   616(4)).


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