Industrial Relations Act 1960 · 2020 Revised Edition · Part 8A · Application of Act to Platform Operators, Platform Workers and Platform Work Associations
77I. Injuring platform worker on account of industrial action
Feedback & supportLast amended by an amending law of 2024.
A platform operator must not —
terminate or threaten to terminate a platform work agreement with a platform worker;
cease or threaten to cease assigning to or facilitating for a platform worker, or prevent or threaten to prevent a platform worker from receiving or obtaining, any tasks to be performed in the provision of a platform service for the platform operator; or
reduce, restrict or limit or threaten to reduce, restrict or limit —
the earnings of a platform worker from providing a platform service for the platform operator;
the nature, quantity or value of any benefits that a platform worker receives or may receive, or is or may be entitled to, in relation to the platform worker’s provision of a platform service for the platform operator; or
the platform worker’s ability to receive or accrue any earnings mentioned in sub‑paragraph (i) or any benefits mentioned in sub‑paragraph (ii),by reason of the circumstance that the platform worker —
is, or proposes to become, an officer or a member of a platform work association or an association that has applied to be registered as a platform work association;
is entitled to the benefit of a collective agreement or an award;
has appeared or proposes to appear as a witness, or has given or proposes to give any evidence, in any proceedings under this Act;
being a member of a platform work association which is seeking to improve working conditions, is dissatisfied with such working conditions; or
is a member of a platform work association which has served a notice under section 18(1), as modified by section 77A, or which is a party to negotiations under this Act or to a trade dispute which has been notified to the Registrar in accordance with Part 3, as modified by section 77A.
A platform operator that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Court
“Court” means an Industrial Arbitration Court established under section 3;
Where a platform operator has been convicted of an offence punishable under subsection (2), the District Court by which the platform operator is convicted may —
order that the platform operator pay to the platform worker the amount of any earnings lost by the platform worker; and
direct that the platform operator —
where the platform operator has terminated the platform work agreement with the platform worker — enter into a new platform work agreement with the platform worker; or
in any other case — cease or not take any action mentioned in subsection (1)(a), (b) or (c) specified in the charge against the platform operator.
Where an amount or instalment ordered to be paid under subsection (3) is not paid on the date fixed by the order, the amount or so much of that amount as then remains unpaid is immediately recoverable as if it were a fine and the amount so recovered must be paid to the platform worker entitled under the order.
A platform operator that fails to comply with a direction given under subsection (3) shall be guilty of an offence and shall be liable on conviction by a District Court to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Nothing in this section is to be construed as prohibiting a Court from inquiring into the termination of a platform work agreement between a platform operator and a platform worker where the termination is allegedly in contravention of this section, or the resumption of the provision of a platform service by that platform worker for that platform operator, before any proceedings have commenced in a District Court.