Document ID: chunk:federal_register_of_legislation:C2025C00150:section:536lm
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 536LM
Character Range: 1334184–1334809

536LM  Criteria for considering whether a termination was unfair etc.
 (1) In considering whether it is satisfied that a termination was unfair, the FWC must take into account:
 (a) whether there was a valid reason for the termination related to the person's capacity or conduct; and
 (b) whether any relevant processes specified in the Road Transport Industry Termination Code were followed; and
 (c) any other matters that the FWC considers relevant.
 (2) Despite subsection (1) and any other provision of this Part, a termination that occurs because of serious misconduct of the person who was deactivated is not unfair.