536KMAFurther terms that must not be included in an employee-like worker minimum standards order

536KMA Further terms that must not be included in an employee‑like worker minimum standards order

(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.