Section 536LC — Fair Work Act 2009 (Cth)

(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.

Related sections

• s 536KZ — FWC may vary or revoke minimum standards guidelines if consistent with the minimum standards objective and the road transport objective
• s 536L — Applications to vary or revoke minimum standards guidelines
• s 536LB — Guide to this Part
• s 536LD — When a person is protected from unfair deactivation
• s 536LE — When a person is protected from unfair termination
• s 536LF — What is an unfair deactivation

Research how courts apply s 536LC

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