FAIR WORK ACT 1994 - SECT 98B
FAIR WORK ACT 1994 - SECT 98B
98B—Special provision relating to trial work
(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 SAET thinks fit,
if SAET 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) SAET 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 SAET 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.