See Fair Work Act 2009 ss.266–268
In certain circumstances, employees engaged in bargaining for an enterprise instrument can engage in protected industrial action to further their claims with respect to a proposed enterprise agreement.
The Fair Work Commission may suspend or terminate protected industrial action in certain situations.
If protected industrial action is terminated by the Commission, a post-industrial action negotiating period commences.
If at the end of that negotiating period the bargaining representatives have not settled all of the matters that were at issue during bargaining, a Full Bench of the Commission must make an industrial action related workplace determination.
The post-industrial action negotiating period starts on the day on which the termination of industrial action instrument is made and ends 21 days after that day (or 42 days if extended by the Commission).
The key requirement for the making of an industrial action related workplace determination is that the protected industrial action has been terminated because:
The Commission must make the workplace determination as quickly as possible after the end of the post-industrial action negotiating period.