§ 18 — Priority of specified debts relating to platform workers in bankruptcy of platform operator

18.—(1) This section applies in relation to the bankruptcy of a platform operator under the Insolvency, Restructuring and Dissolution Act 2018.(2) In the distribution of the property of the platform operator, the following have priority over all other debts of the platform operator other than the preferential debts specified in section 352(1)(a) to (g) of the Insolvency, Restructuring and Dissolution Act 2018, and rank in priority after the debts specified in section 352(1)(g) but before those specified in section 352(1)(h) of that Act:(a)

first, all earnings payable to a platform worker, including any amount payable by way of reimbursement under any platform work agreement or any award or agreement regulating the conditions in which any platform worker provides a platform service for the platform operator;

(b)

second, all amounts due in respect of any work injury compensation payable to or for the benefit of a platform worker under the Work Injury Compensation Act 2019 accrued before, on or after the date of the bankruptcy order;

(c)

third, all amounts due in respect of contributions payable, during a period of 12 consecutive months commencing not earlier than 12 months before and ending not later than 12 months after the date of the bankruptcy order, by the platform operator, under any written law relating to platform workers’ superannuation or provident funds.

(3) The amount payable under subsection (2)(a) must not exceed any amount that may be prescribed by the Minister by order in the Gazette.

(4) The debts in each class specified in subsection (2) rank in the order specified in that subsection but debts of the same class rank equally between themselves, and are to be paid in full, unless the property of the platform operator is insufficient to meet them, in which case the debts of the same class abate in equal proportions between themselves.

(5) Where any payment has been made to any platform worker of the platform operator on account of earnings out of money advanced by a person for that purpose, the person by whom the money was advanced, in a bankruptcy —(a)

has a right of priority in respect of the money so advanced and paid, up to the amount by which the sum in respect of which the platform worker would have been entitled to priority in the bankruptcy has been diminished by reason of the payment; and

(b)

has the same right of priority in respect of that amount as the platform worker would have had if the payment had not been made.

—(1) This section applies in relation to the bankruptcy of a platform operator under the Insolvency, Restructuring and Dissolution Act 2018.

(2) In the distribution of the property of the platform operator, the following have priority over all other debts of the platform operator other than the preferential debts specified in section 352(1)(a) to (g) of the Insolvency, Restructuring and Dissolution Act 2018, and rank in priority after the debts specified in section 352(1)(g) but before those specified in section 352(1)(h) of that Act:(a)

first, all earnings payable to a platform worker, including any amount payable by way of reimbursement under any platform work agreement or any award or agreement regulating the conditions in which any platform worker provides a platform service for the platform operator;

(b)

second, all amounts due in respect of any work injury compensation payable to or for the benefit of a platform worker under the Work Injury Compensation Act 2019 accrued before, on or after the date of the bankruptcy order;

(c)

third, all amounts due in respect of contributions payable, during a period of 12 consecutive months commencing not earlier than 12 months before and ending not later than 12 months after the date of the bankruptcy order, by the platform operator, under any written law relating to platform workers’ superannuation or provident funds.

(3) The amount payable under subsection (2)(a) must not exceed any amount that may be prescribed by the Minister by order in the Gazette.

(4) The debts in each class specified in subsection (2) rank in the order specified in that subsection but debts of the same class rank equally between themselves, and are to be paid in full, unless the property of the platform operator is insufficient to meet them, in which case the debts of the same class abate in equal proportions between themselves.

(5) Where any payment has been made to any platform worker of the platform operator on account of earnings out of money advanced by a person for that purpose, the person by whom the money was advanced, in a bankruptcy —(a)

has a right of priority in respect of the money so advanced and paid, up to the amount by which the sum in respect of which the platform worker would have been entitled to priority in the bankruptcy has been diminished by reason of the payment; and

(b)

has the same right of priority in respect of that amount as the platform worker would have had if the payment had not been made.