Industrial Relations Act 1996

The Commission may, after inquiry, make a contract determination with respect to the reinstatement of a contract of bailment or contract of carriage that has terminated.

Reinstatement of a contract includes re-engagement under a similar contract.

To avoid doubt, the Commission may make a contract determination with respect to the reinstatement of a contract of bailment or contract of carriage that has been terminated, including the reinstatement of the following—

a part of a contract of carriage or contract of bailment, including a contract where the carrier uses multiple vehicles,

a contract which has been declared to be a contract of carriage by the Commission under section 309(3A).

This section does not apply to the following—

a person who was protected from unfair deactivation, within the meaning of the Fair Work Act 2009 of the Commonwealth, section 536LD, at the time the contract of bailment or contract of carriage was terminated (a protected person),

a person who would be a protected person, except that the person has been performing the work referred to in the Fair Work Act 2009 of the Commonwealth, section 536LD(c) on a regular basis, within the meaning of the Fair Work (Digital Labour Platform Deactivation Code) Instrument 2024, section 18, for a period of less than 6 months.

A contract determination under this section may be made on such terms and conditions as the Commission thinks fit, including provision for any period after the termination of the contract to be treated as a period of engagement under relevant contracts.

If the Commission considers that it would be impracticable to make a determination for reinstatement, the Commission may order the bailor to pay to the driver, or the principal contractor to pay to the carrier, an amount of compensation not exceeding the amount of remuneration of the driver or carrier under relevant contracts during the period of 6 months immediately before the termination of the contract.

When assessing any compensation payable, the Commission is to take into account whether the driver or carrier made a reasonable attempt to find alternative engagements and the remuneration received in alternative engagements, or that would have been payable if the driver or carrier had succeeded in obtaining alternative engagements.

A contract determination under this section takes effect when it is made, and is not required to have a specified term or to be published on the NSW industrial relations website.