In certain circumstances, the Fair Work Commission may make industrial action related workplace determinations, bargaining related workplace determinations, or low-paid workplace determinations.
The factors that the Commission must take into account in deciding which terms to include in a workplace determination include the following:
Bargaining representatives for a proposed agreement, or a union that is entitled to represent the industrial interests of an employee who performs work under the proposed agreement, may apply for a low-paid authorisation in relation to a proposed multi-enterprise agreement.
In deciding whether to make such an authorisation, the Commission must take into account a range of factors, including whether doing so would assist low-paid employees who have not had access to collective bargaining or who face substantial difficulty bargaining at the enterprise level.
If a low-paid authorisation is in place and one or more of those bargaining are unable to reach agreement, the Commission may make a low-paid workplace determination.
The Commission must make an industrial action related workplace determination if:
The Commission must make a bargaining related workplace determination if:
A workplace determination operates from the day on which it is made.
A workplace determination ceases to operate on the earlier of the following days:
The Fair Work Act 2009 applies to a workplace determination as if it were an enterprise agreement.
To apply for a workplace determination use Form F1, which can be found on the Forms page.