Industrial Relations Act 1960 · 2020 Revised Edition · Part 8A · Application of Act to Platform Operators, Platform Workers and Platform Work Associations
77B. Disputes relating to termination of platform work agreements
Feedback & supportLast amended by an amending law of 2024.
A Court is not to consider a dispute relating to the termination of a platform work agreement or make an award relating to the resumption of a platform worker’s provision of a platform service for a platform operator except in circumstances arising out of a contravention of section 77I.
Court
“Court” means an Industrial Arbitration Court established under section 3;
Despite subsection (1), where a platform worker considers that his platform work agreement with his platform operator has been terminated without just cause or excuse by that platform operator, in circumstances other than those arising out of a contravention of section 77I, he may, within one month of such termination, make, through his platform work association, written representations to the Minister to resume providing a platform service for that platform operator.
The Minister may, before making a decision on any such representations, by writing under his hand request the Commissioner to inquire into the termination and report whether in the Commissioner’s opinion the termination is without just cause or excuse.
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968, and includes a Deputy Commissioner for Labour, a Principal Assistant Commissioner for Labour and an Assistant Commissioner for Labour under that Act;
If the Minister decides to deal with the representations himself, the Minister must, before making a decision on such representation, give an opportunity to the platform operator to make written representations as to why the platform operator considered the termination of the platform agreement with the platform worker to be justified.
If, after considering the representations of the platform work association and of the platform operator (if any) and any report made by the Commissioner under subsection (3), the Minister is satisfied that the platform work agreement has been terminated without just cause or excuse, the Minister may, despite any rule of law or agreement to the contrary, direct the platform operator —
to allow the platform worker to resume providing a platform service for the platform operator and to pay the platform worker an amount that is equivalent to the earnings that the platform worker would have earned had his platform work agreement not been terminated by the platform operator; or
to pay such amount of earnings as compensation as may be determined by the Minister.
The platform operator must comply with the direction of the Minister under subsection (5).
The decision of the Minister on any representations made under this section is final and conclusive and is not to be challenged in any court or in a Court established under this Act.
Any direction of the Minister under subsection (5) operates as a bar to any action for damages by the platform worker in any court in respect of the wrongful termination of the platform work agreement.
A platform operator that fails to comply with the direction of the Minister under subsection (5) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
Where an amount to be paid under subsection (5) is not paid in accordance with the direction of the Minister and the platform operator has been convicted of an offence under subsection (9), the amount, or so much thereof as remains unpaid, is recoverable by a District Court as if it were a fine and the amount so recovered must be paid to the platform worker entitled under the direction.