Section 536KMA — Fair Work Act 2009: 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.