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FAIR WORK ACT 2009 - SECT 734BA

Limitation on applications for remedy for unfair deactivation--other proceedings in progress

  (1)   An application under Division   5 of Part   3A - 3 (unfair deactivation or unfair termination of regulated workers) in relation to deactivation of a person from a digital labour platform must not be made if other deactivation proceedings have been commenced in relation to the person and the digital labour platform, unless the other deactivation proceedings:

  (a)   have been discontinued by the person who commenced them; or

  (b)   have failed for want of jurisdiction.

  (2)   If an application under Division   5 of Part   3A - 3 has been made in relation to deactivation of a person (the relevant worker ) from a digital labour platform, a person must not commence other deactivation proceedings in relation to the relevant worker and the digital labour platform unless:

  (a)   the application has been discontinued by the person who made it; or

  (b)   the proceedings in relation to the application have failed for want of jurisdiction.

  (3)   In this section:

"other deactivation proceedings" means proceedings (if any) specified in regulations made for the purposes of this definition.



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