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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 246 FWA assistance for the low-paid

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 246

FWA assistance for the low-paid

Application of this section

             (1)  This section applies if a low‑paid authorisation is in operation in relation to a proposed multi‑enterprise agreement.

FWA assistance

             (2)  FWA may, on its own initiative, provide to the bargaining representatives for the agreement such assistance:

                     (a)  that FWA considers appropriate to facilitate bargaining for the agreement; and

                     (b)  that FWA could provide if it were dealing with a dispute.

Note:          This section does not empower FWA to arbitrate, because subsection 595(3) provides that FWA may arbitrate only if expressly authorised to do so.

FWA may direct a person to attend a conference

             (3)  Without limiting subsection (2), FWA may provide assistance by directing a person who is not an employer specified in the authorisation to attend a conference at a specified time and place if FWA is satisfied that the person exercises such a degree of control over the terms and conditions of the employees who will be covered by the agreement that the participation of the person in bargaining is necessary for the agreement to be made.

             (4)  Subsection (3) does not limit FWA's powers under Subdivision B of Division 3 of Part 5‑1.