Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536JD

When a minimum standards order applies to a regulated worker

  (1)   A minimum standards order applies to a regulated worker if:

  (a)   the minimum standards order covers the regulated worker; and

  (b)   the minimum standards order is in operation; and

  (c)   no other provision of this Act provides, or has the effect, that the minimum standards order does not apply to the regulated worker.

When an employee - like minimum standards order applies to a digital labour platform operator

  (2)   An employee - like minimum standards order applies to a digital labour platform operator if:

  (a)   the employee - like minimum standards order covers the digital labour platform operator; and

  (b)   the employee - like minimum standards order covers employee - like workers; and

  (c)   the digital labour platform operator:

  (i)   directly or indirectly engages, under services contracts, employee - like workers covered by the employee - like minimum standards order who perform work through or by means of a digital labour platform operated by the digital labour platform operator; or

  (ii)   arranges or facilitates services contracts through or by means of a digital labour platform operated by the digital labour platform operator, under which work is performed by employee - like workers covered by the employee - like minimum standards order; and

  (d)   the employee - like minimum standards order is in operation; and

  (e)   no other provision of this Act provides, or has the effect, that the employee - like minimum standards order does not apply to the digital labour platform operator.

When a road transport minimum standards order applies to a road transport business

  (3)   A road transport minimum standards order applies to a road transport business if:

  (a)   the road transport minimum standards order covers the road transport business; and

  (b)   the road transport minimum standards order covers regulated road transport contractors; and

  (c)   the road transport business receives the services under a services contract of a regulated road transport contractor covered by the road transport minimum standards order; and

  (d)   the road transport minimum standards order is in operation; and

  (e)   no other provision of this Act provides, or has the effect, that the road transport minimum standards order does not apply to the road transport business.

Minimum standards order applies in relation to services contracts

  (4)   A reference in this Act to a minimum standards order applying to a regulated worker is a reference to the order applying to the regulated worker in relation to a services contract.