Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536KH

Terms relating to coverage

  (1)   An employee - like worker minimum standards order must include terms setting out in accordance with this section:

  (a)   the digital platform work 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; and

  (c)   the employee - like workers covered by the employee - like worker minimum standards order.

  (2)   An employee - like worker minimum standards order must be expressed to cover:

  (a)   specified digital labour platform operators; and

  (b)   specified employee - like workers who:

  (i)   are engaged through or by means of a digital labour platform operated by a digital platform operator covered by the employee - like worker minimum standards order; or

  (ii)   perform work under a contract arranged or facilitated through or by means of a digital labour platform operated by a digital platform operator covered by the employee - like worker minimum standards order.

  (3)   An employee - like worker minimum standards order must specify the digital labour platform operators that are primarily responsible for providing the entitlements of specified employee - like workers.

  (4)   For the purposes of subsections   (1), (2) and (3):

  (a)   digital labour platform operators must be specified by inclusion in a specified class or specified classes; and

  (b)   employee - like workers must be specified by inclusion in a specified class or specified classes.

  (5)   Without limiting the way in which a class may be described for the purposes of subsection   (4), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work.