Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536LR

  (1)   Subject to subsection   (3), the FWC may order that a new contract be entered into, or the payment of compensation to a person, if:

  (a)   the FWC is satisfied that the person was protected from unfair termination (see section   536LE) at the time of being terminated; and

  (b)   the person has been unfairly terminated (see Division   3).

  (2)   The FWC may make the order only if the person has made an application under section   536LU.

  (3)   The FWC must not order the payment of compensation to the person unless:

  (a)   the FWC is satisfied that entering into a new services contract would be inappropriate; and

  (b)   the FWC considers an order for payment of compensation is appropriate in all the circumstances of the case.

Note:   Division   5 deals with procedural matters such as applications for remedies.