Section 536LM — Fair Work Act 2009: Criteria for considering whether a termination was unfair etc.

(1) In considering whether it is satisfied that a termination was unfair, the FWC must take into account: (a) whether there was a valid reason for the termination related to the person’s capacity or conduct; and (b) whether any relevant processes specified in the Road Transport Industry Termination Code were followed; and (c) any other matters that the FWC considers relevant. (2) Despite subsection (1) and any other provision of this Part, a termination that occurs because of serious misconduct of the person who was deactivated is not unfair.