New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 125

125 Permits--special wage payments

(1) Any employee may apply to the Industrial Registrar for a written permit authorising the employee to work for less than the rate of pay set for the employee by an industrial instrument if the employee considers himself or herself unable to earn the minimum rate of pay set by the industrial instrument because of any impairment of the employee.

(2) An application may be made by post and may, with the approval of the Industrial Registrar, be made by a person on behalf of the employee.

(3) The Industrial Registrar may grant a permit under this section (with or without conditions) or refuse to grant the permit. Any such permit has effect according to its tenor.

(4) The Industrial Registrar may at any time cancel any such permit.

(5) If the Industrial Registrar grants a permit, the Industrial Registrar must notify the industrial organisation of employees for the industry in which the applicant is employed or intends to be employed of the grant of the permit and its conditions.

(6) The organisation may at any time after being given such notice apply to the Industrial Registrar for cancellation of the permit.

Note : Under section 194 a person may appeal to the Commission against the granting of or the refusal or failure to grant or the cancellation of a permit.