The FWC must make a consent low-paid workplace determination if:
(a) an application for the determination has been made; and
(b) the FWC is satisfied that the bargaining representatives who made the application have made all reasonable efforts to agree on the terms that should be included in the agreement; and
(c) there is no reasonable prospect of agreement being reached.
Note: The FWC must be constituted by a Full Bench to make a consent low-paid workplace determination (see subsection 616(4)).