Are there any special rules relating to low-paid workers?
Yes. A new ‘Low-Paid Bargaining Stream’ has been introduced to encourage low-paid employees to bargain with their employer for their first Enterprise Agreement. The term ‘low-paid’ is not defined and it will be up to Fair Work Australia to decide whether an applicant is eligible to be included within this stream. Parties can negotiate within the Low-Paid Bargaining Stream only after Fair Work Australia has issued a ‘Low-Paid Bargaining Order’. Importantly, this order allows parties to negotiate towards a Multi-Enterprise Agreement only. When deciding whether to issue this Order, Fair Work Australia must take into consideration: • historical and current matters relating to collective bargaining, including the history of bargaining in that particular industry; • the relative bargaining strength of the employers and employees; and • the current terms and conditions of employment, in comparison to the relevant industry and community standards.
