Fair Work Act 2009
536LQRemedy—reactivation etc.
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536LQ Remedy—reactivation etc.
Reactivation
(1) An order for a person’s reactivation must be an order that the digital labour platform operator who operated the digital labour platform at the time of the deactivation take measures to restore the person to the position they would have been in but for the deactivation, including as follows:
(a) if the person’s access to the digital labour platform was suspended—by removing the suspension;
(b) if the person’s access to the digital labour platform was terminated—by reinstating the person’s access to the digital labour platform;
(c) by modifying the person’s access to the digital labour platform so that the access is as it was before the person’s access to the digital labour platform was terminated or suspended.
(2) If:
(a) the digital labour platform (the original digital labour platform) from which the person was deactivated no longer exists; and
(b) a similar digital labour platform (the second digital labour platform) is operated by an associated entity of the operator of the original digital labour platform;
the order under subsection (1) may be an order to the associated entity to provide access to the second digital labour platform on terms and conditions no less favourable than those immediately before the person’s access to the original digital labour platform was terminated or suspended.
Order to restore lost pay
(3) If the FWC makes an order under subsection (1) and considers it appropriate to do so, the FWC may also make any order that the FWC considers appropriate to cause the digital labour platform operator or the associated entity to pay to the person an amount for the remuneration lost, or likely to have been lost, by the person because of the deactivation.
(4) In determining an amount for the purposes of an order under subsection (3), the FWC must take into account:
(a) the amount of any remuneration earned by the person from work of any kind during the period between the deactivation and the making of the order for reactivation; and
(b) the amount of any remuneration reasonably likely to be so earned by the person during the period between the making of the order for reactivation and the actual reactivation.