Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 536KMA

Further terms that must not be included in an employee - like worker minimum standards order

  (1)   In addition to the matters in section   536KM, an employee - like worker minimum standards order must not include terms about any of the following matters:

  (a)   penalty rates for work performed at particular times or on particular days (including, but not limited to, loadings and shift allowances);

  (b)   payment for:

  (i)   time before the acceptance of an engagement on a digital labour platform; or

  (ii)   time in between the completion of an engagement and the commencement of the next engagement on a digital labour platform;

  (c)   minimum periods of engagement or a minimum payment referable to a period of minimum engagement.

  (2)   Despite subsection   (1), a term about a matter mentioned in subsection   (1) may be included in an employee - like worker minimum standards order if the FWC is satisfied that the inclusion of the term is appropriate, having regard to:

  (a)   the type of work performed by the employee - like workers covered by the employee - like worker minimum standards order; and

  (b)   the digital labour platform operators covered by the employee - like worker minimum standards order.



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