South Australian Consolidated Acts

FAIR WORK ACT 1994 - SECT 98B

98B—Special provision relating to trial work

        (1)         The Commission may, by award—

            (a)         determine that a person who undertakes a specified category of work (in any specified circumstances) on a trial basis in an industry, or a sector of an industry, specified by the award with a view to obtaining employment with the person from whom the work is performed is entitled to be paid for that work in accordance with the terms of the award;

            (b)         impose limitations of the performance of work on a trial basis in an industry, or a section of an industry, specified in the award;

            (c)         make any other provision relating to work on a trial basis as the Commission thinks fit,

if the Commission is of the opinion that action under this section is justified in order to prevent the abuse of the performance of work on a trial basis in the relevant circumstances.

        (2)         The Commission may, in setting rates of pay with respect to particular work under subsection (1), specify different rates according to the different levels of skill or experience that persons undertaking the work may possess.

        (3)         Subsection (1) does not limit the powers of the Commission to make any award under the other provisions of this Act.

        (4)         Subsection (1) applies even though the persons to whom an award will relate will not be employees for the purposes of this Act.

        (5)         A person who is entitled to be paid under an award under this section is entitled to recover the amount that should be paid as if the person were an employee of the person for whom the work was performed.