Criteria for considering whether a termination was unfair etc.
(1) In considering whether it is satisfied that a termination was unfair, the FWC must take into account: (a) whether there was a valid reason for the termination related to the person’s capacity or conduct; and (b) whether any relevant processes specified in the Road Transport Industry Termination Code were followed; and (c) any other matters that the FWC considers relevant. (2) Despite subsection (1) and any other provision of this Part, a termination that occurs because of serious misconduct of the person who was deactivated is not unfair.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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