Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 262

When the FWC must make a special low-paid workplace determination--general requirements

Special low-paid workplace determination

             (1)  The FWC must make a special low-paid workplace determination under this section if:

                     (a)  an application for the determination has been made; and

                     (b)  the requirements set out in this section and section 263 are met.

Note:          The FWC must be constituted by a Full Bench to make a special low-paid workplace determination (see subsection 616(4)).

Genuinely unable to reach agreement etc.

             (2)  The FWC must be satisfied that:

                     (a)  the bargaining representatives for the proposed multi-enterprise agreement concerned are genuinely unable to reach agreement on the terms that should be included in the agreement; and

                     (b)  there is no reasonable prospect of agreement being reached.

Minimum safety net

             (3)  The FWC must be satisfied that, at the time of the application, the terms and conditions of the employees who will be covered by the determination were substantially equivalent to the minimum safety net of terms and conditions provided by modern awards together with the National Employment Standards.

Promotion of future bargaining for an enterprise agreement etc.

             (4)  The FWC must be satisfied that the making of the determination will promote:

                     (a)  bargaining in the future for an enterprise agreement or agreements that will cover the employers and employees who will be covered by the workplace determination; and

                     (b)  productivity and efficiency in the enterprise or enterprises concerned.

Public interest

             (5)  The FWC must be satisfied that it is in the public interest to make the determination.



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