536JSInteraction of minimum standards orders with State and Territory laws

536JS Interaction of minimum standards orders with State and Territory laws

(1) A minimum standards order prevails over a law of a State or Territory, to the extent of any inconsistency.

(1A) It is the intent of the Parliament that, for an employee‑like worker or digital labour platform operator to whom an employee‑like worker minimum standards order applies in relation to a services contract, this Chapter applies to the exclusion of the laws described in subsection 536JP(3) to the extent that those laws would otherwise affect the rights, entitlements, obligations and liabilities of the employee‑like worker or digital labour platform operator in relation to the services contract.

(2) Despite subsections (1) and (1A), a term of a minimum standards order applies subject to the following:

(a) a law of a State or Territory specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified;

(b) a law of a State or Territory that provides for rights or remedies by reference to a law described in paragraph (a).

(3) Without limiting any other provision of this Act, a reference in this section to a law of a State or Territory:

(a) includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and

(b) is a reference to a law of a State or Territory as in force from time to time.