Common use of Formal Determination Clause in Contracts

Formal Determination. (a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination. (b) The FWC, in making its formal determination, will ensure that the formal determination be consistent with the “Code for the Tendering and Performance of Building Work 2016”. (c) The parties agree to abide by the determination. (d) An employee/s may be represented for the purposes of a formal determination procedure by the Fair Work Commission. (e) Before making its determination the FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. (f) The FWC can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. (g) The FWC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWC under the Fair Work Xxx 0000.

Formal Determination. (a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination. (b) The FWC, in making its it’s formal determination, will ensure that the formal determination be consistent with the “Code for the Tendering and Performance of Building Work 2016”. (c) The parties agree to abide by the determination. (d) An employee/s may be represented for the purposes of a formal determination procedure by the Fair Work Commission. (e) Before making its determination the FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. (f) The FWC can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. (g) The FWC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWC under the Fair Work Xxx 0000.

Formal Determination. (a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination. (b) The FWC, in making its it’s formal determination, will ensure that the formal determination be consistent with the “Code for the Tendering and Performance of Building Work 2016”. (c) The parties agree to abide by the determination. (d) An employeeEmployee/s may be represented for the purposes of a formal determination procedure by the Fair Work Commission. (e) Before making its determination the FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. (f) The FWC can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. (g) The FWC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWC under the Fair Work Xxx 0000.