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.