When is the deadline for post-industrial action negotiating period?
The catalogue records a 21 days period from the day on which the termination of industrial action instrument is made. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- the day on which the termination of industrial action instrument is made
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Section 266(4): the FWC MUST extend the period to 42 days if (a) all of the bargaining representatives for the agreement jointly apply within 21 days after the termination of industrial action instrument was made, and (b) they have not settled all the matters at issue. This is a mandatory extension on a joint application, not a discretion, but it still requires the application to be made.
- The period 'starts on' the day the instrument is made but 'ends 21 days after that day', so the end date is computed excluding that day. At the end of the period the FWC must make an industrial action related workplace determination if matters remain at issue (s 266(1)). The termination of industrial action instrument is an order under s 423 or 424 or a declaration under s 431 (s 266(2)).