What happens if parties bargaining within the low-paid stream cannot reach agreement?
In these circumstances, a bargaining representative may apply to Fair Work Australia for a ‘Low Paid Bargaining Determination’. There are two types of Determinations: • Consent low-paid workplace determination: this can be made on application by the bargaining representatives of one or more of the employer(s) that would be covered by the agreement and the bargaining representatives of the employees of those employers; or • Special low-paid determination: this can be made on application by a single bargaining representative. Fair Work Australia must issue a ‘Consent’ determination wherever possible. Either form of Determination, once issued, will end the negotiations and the Enterprise Agreement will then be finalised.
