Fair Work Commission

Introduction

See Fair Work Act 2009 ss.260–265

A low paid workplace determination is only available if:

• there is a low-paid authorisation in operation in relation to a proposed multi-enterprise agreement, and
• one or more of the bargaining representatives are unable to reach agreement on the terms that should be included in the agreement.

There are 2 categories of low-paid workplace determination:

• a consent low-paid workplace determination – where the bargaining representatives for both the employer(s) and employees jointly apply for a determination, and
• a special low-paid workplace determination – where a single bargaining representative may apply.^[1]

Consent low-paid workplace determination

A Full Bench of the Fair Work Commission must make a consent low-paid workplace determination if an application for a consent low-paid workplace determination has been made and the Commission 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
• there is no reasonable prospect of agreement being reached.

Special low-paid workplace determination

A Full Bench of the Commission must make a special low-paid workplace determination if an application has been made and the Commission is satisfied that:

• the bargaining representatives are genuinely unable to reach agreement on the terms that should be included in the agreement
• there is no reasonable prospect of agreement being reached
• at the time of the application, the terms and conditions of the employees to be covered by the determination were substantially equivalent to the minimum safety net provided by modern awards together with the NES
• making the determination will promote bargaining in the future for an enterprise agreement and productivity and efficiency in the enterprise or enterprises concerned
• it is in the public interest to make the determination
• no employer that will be covered by the determination is specified in an application for an existing consent low-paid workplace determination, and
• no employer that will be covered by the determination is, or has previously been, covered by an enterprise agreement or another workplace determination in relation to the work performed by the employees who will be covered by the determination.

Reference