Fair Work Act 2009
734BALimitation on applications for remedy for unfair deactivation—other proceedings in progress
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734BA Limitation on applications for remedy for unfair deactivation—other proceedings in progress
(1) An application under Division 5 of Part 3A‑3 (unfair deactivation or unfair termination of regulated workers) in relation to deactivation of a person from a digital labour platform must not be made if other deactivation proceedings have been commenced in relation to the person and the digital labour platform, unless the other deactivation proceedings:
(a) have been discontinued by the person who commenced them; or
(b) have failed for want of jurisdiction.
(2) If an application under Division 5 of Part 3A‑3 has been made in relation to deactivation of a person (the relevant worker) from a digital labour platform, a person must not commence other deactivation proceedings in relation to the relevant worker and the digital labour platform unless:
(a) the application has been discontinued by the person who made it; or
(b) the proceedings in relation to the application have failed for want of jurisdiction.
(3) In this section:
other deactivation proceedings means proceedings (if any) specified in regulations made for the purposes of this definition.