269When the FWC must make an intractable bargaining workplace determination

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)).