Section 536KH — Fair Work Act 2009 (Cth)

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.

Related sections

• s 536KE — Finalising draft order
• s 536KF — Decision not to make order based on the draft
• s 536KG — Decisions on applications for minimum standards orders
• s 536KJ — Terms that must be included in a road transport minimum standards order
• s 536KK — Term about settling disputes must be included in a minimum standards order
• s 536KL — Terms that may be included in a minimum standards order

Research how courts apply s 536KH

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