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FAIR WORK ACT 2009 - SECT 536LC

Object of this Part

  (1)   The object of this Part   is:

  (a)   to establish a framework for dealing with unfair deactivation of employee - like workers, and unfair termination of regulated road transport contractors, that balances:

  (i)   the needs of regulated businesses; and

  (ii)   the needs of regulated workers; and

  (b)   to establish procedures for dealing with unfair deactivation and unfair termination that:

  (i)   are quick, flexible and informal; and

  (ii)   address the needs of regulated businesses and regulated workers; and

  (c)   to provide remedies if a deactivation or termination is found to be unfair, with an emphasis on reactivation or reinstatement, as the case requires.

  (2)   The procedures and remedies referred to in paragraphs   (1)(b) and (c), and the manner of deciding on and working out such remedies, are intended to ensure that a "fair go all round" is accorded to both the regulated businesses and regulated workers concerned.

Note:   The expression "fair go all round" was used by Sheldon J in in re Loty and Holloway v Australian Workers' Union [1971] AR (NSW) 95.



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