See Fair Work Act 2009 ss.269–271
If a serious breach declaration has been made in relation to a proposed enterprise agreement, a 21 day post-declaration 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, a Full Bench of the Fair Work Commission must make a bargaining related workplace determination.
The post-declaration negotiating period starts on the day on which the serious breach declaration is made and ends 21 days after that day (or 42 days if extended by the Commission).
A serious breach declaration is available where there are serious and sustained contraventions of a bargaining order that significantly undermine the bargaining process.
The Commission must make the bargaining related workplace determination as quickly as possible after the end of the post-declaration negotiating period.