Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 260

Applications for low-paid workplace determinations

Application of this section

             (1)  This section applies if:

                     (a)  a low-paid authorisation is in operation in relation to a proposed multi-enterprise agreement; and

                     (b)  one or more of the bargaining representatives for the agreement are unable to reach agreement on the terms that should be included in the agreement.

Consent low-paid workplace determination

             (2)  The following bargaining representatives for the agreement may jointly apply to the FWC for a determination (a consent low-paid workplace determination ) under section 261:

                     (a)  one or more bargaining representatives of one or more of the employers that would have been covered by the agreement;

                     (b)  the bargaining representative or representatives of the employees of those employers.

             (3)  An application for a consent low-paid workplace determination must specify the following:

                     (a)  the bargaining representatives making the application;

                     (b)  the terms that those bargaining representatives have, at the time of the application, agreed should be included in the agreement;

                     (c)  the matters at issue at the time of the application;

                     (d)  the employers that have consented to being covered by the determination;

                     (e)  those employers' employees who will be covered by the determination;

                      (f)  each employee organisation (if any) that is a bargaining representative of those employees.

Special low-paid workplace determination

             (4)  A bargaining representative for the agreement may apply to the FWC for a determination (a special low-paid workplace determination ) under section 262.

             (5)  An application for a special low-paid workplace determination must specify the following:

                     (a)  the terms that the bargaining representatives concerned have, at the time of the application, agreed should be included in the agreement;

                     (b)  the matters at issue at the time of the application;

                     (c)  the employers that will be covered by the determination;

                     (d)  the employees who will be covered by the determination;

                     (e)  each employee organisation (if any) that is a bargaining representative of those employees.



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