Terms and conditions of employmentChapter 2 Enterprise agreementsPart 2-4
FWC's general role in facilitating bargainingDivision 8
2.11What a bargaining order must specify—bargaining order for reinstatement of employee
(1) For paragraph 231(3)(b) of the Act, this regulation provides for the FWC to take action and make orders in connection with, and to deal with matters relating to, a bargaining order for reinstatement of an employee under paragraph 231(2)(d) of the Act.
(2) The FWC may make any of the following orders:
(a) an order to reappoint the employee to the position in which he or she was employed immediately before the termination of his or her employment;
(b) an order to appoint the employee to another position for which the terms and conditions of employment are no less favourable than those under which he or she was employed immediately before the termination of his or her employment;
(c) any order that the FWC thinks appropriate to maintain continuity of the employee's employment;
(d) an order that the employer who terminated the employment of the employee pay the employee an amount for remuneration lost, or likely to have been lost, because of the termination.
Fair Work Regulations 2009
Compilation date: 11/09/2021
Compilation No. 36