Section 269 — Fair Work Act 2009: 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)).