Section 536LW — Fair Work Act 2009: Initial matters to be considered before merits

The FWC must decide the following matters relating to an application for an order under Division 4 before considering the merits of the application: (a) whether the application was made within the period required in subsection 536LU(3); (b) whether the person was protected from unfair deactivation or unfair termination, as the case requires; (c) whether the deactivation or termination was consistent with the Digital Labour Platform Deactivation Code or the Road Transport Industry Termination Code, as the case requires.