Commonwealth Numbered Acts

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 260

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 FWA 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 FWA 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.