s 536LP
In forceWhen the FWC may order remedy for unfair deactivation
Volume 2Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 (sections 258 to 536NK)
Chapter 3AMinimum standards for regulated workers
Part 3A-3Unfair deactivation or unfair termination of regulated workers
Division 4Remedies
Subdivision ARemedies for unfair deactivation
536LP When the FWC may order remedy for unfair deactivation
(1)
Subject to subsection (3), the FWC may order a person’s reactivation if:
(a)
the FWC is satisfied that the person was protected from unfair deactivation (see section 536LD) at the time of being deactivated; and
(b)
the person has been unfairly deactivated (see Division 2).
(2)
The FWC may make the order only if the person has made an application under section 536LU.
(3)
The FWC must not order the payment of compensation to the person.
Note:
Division 5 deals with procedural matters such as applications for remedies.
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