Section 272 — Fair Work Act 2009: Core terms of workplace determinations

Core terms (1) This section sets out the core terms that a workplace determination must include. Nominal expiry date (2) The determination must include a term specifying a date as the determination’s nominal expiry date, which must not be more than 4 years after the date on which the determination comes into operation. Permitted matters etc. (3) The determination must not include: (a) any terms that would not be about permitted matters if the determination were an enterprise agreement; or (b) a term that would be an unlawful term if the determination were an enterprise agreement; or (c) any designated outworker terms. Better off overall test (4) The determination must include terms such that the determination would, if the determination were an enterprise agreement, pass the better off overall test under section 193. Safety net requirements (5) The determination must not include a term that would, if the determination were an enterprise agreement, mean that the FWC could not approve the agreement: (a) because the term would contravene section 55 (which deals with the interaction between the National Employment Standards and enterprise agreements etc.); or (b) because of the operation of Subdivision E of Division 4 of Part 2-4 (which deals with approval requirements relating to particular kinds of employees).