Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 263

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

Additional requirements

             (1)  This section sets out additional requirements that must be met before the FWC makes a special low-paid determination (the relevant determination ) under section 262.

No employer is specified in an application for a consent low-paid workplace determination

             (2)  The FWC must be satisfied that no employer that will be covered by the relevant determination is specified in an application for a consent low-paid workplace determination that was made by bargaining representatives for the proposed multi-enterprise agreement concerned before or after the application for the relevant determination was made.

No employer is, or has previously been, covered by an enterprise agreement or workplace determination

             (3)  The FWC must be satisfied that no employer that will be covered by the relevant determination is, or has previously been, covered by an enterprise agreement, or another workplace determination, in relation to the work to be performed by the employees who will be covered by the relevant determination.



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