Section 359B — Fair Work Act 2009 (Cth)

An employer must not dismiss, or threaten to dismiss, an individual who:

(a) is an employee of the employer; and

(b) performs particular work for the employer;

in order to engage the individual as a casual employee to perform the same, or substantially the same, work.

Note: This section is a civil remedy provision (see Part 4‑1).

Related sections

• s 357 — Misrepresenting employment as independent contracting arrangement
• s 358 — Dismissing to engage as independent contractor
• s 359 — Misrepresentation to engage as independent contractor
• s 359C — Misrepresentation to engage as casual employee
• s 360 — Multiple reasons for action
• s 361 — Reason for action to be presumed unless proved otherwise

Research how courts apply s 359B

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.