Section 536KMA — Fair Work Act 2009 (Cth)

(1) In addition to the matters in section 536KM, an employee‑like worker minimum standards order must not include terms about any of the following matters:

(a) penalty rates for work performed at particular times or on particular days (including, but not limited to, loadings and shift allowances);

(b) payment for:

(i) time before the acceptance of an engagement on a digital labour platform; or

(ii) time in between the completion of an engagement and the commencement of the next engagement on a digital labour platform;

(c) minimum periods of engagement or a minimum payment referable to a period of minimum engagement.

(2) Despite subsection (1), a term about a matter mentioned in subsection (1) may be included in an employee‑like worker minimum standards order if the FWC is satisfied that the inclusion of the term is appropriate, having regard to:

(a) the type of work performed by the employee‑like workers 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.

Related sections

• 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
• s 536KM — Terms that must not be included in a minimum standards order
• s 536KN — Further terms that must not be included in a road transport minimum standards order
• s 536KO — Achieving the minimum standards objective
• s 536KP — Applications to vary or revoke minimum standards orders

Research how courts apply s 536KMA

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