Introduction
Understand how the law defines the different types of regulated workers. We have different functions depending on the type of worker.
Content
We have new functions relating to regulated workers. These functions start from 26 August 2024 or a date to be proclaimed. See New regulated worker functions for more details about our new functions.
The law outlines 3 different types of regulated worker. This table sets out the key features of the different kinds of regulated worker as defined by the Fair Work Act.
| Requirement | Employee-like worker (defined in s15P) | Road transport employee-like worker (defined in s15RB) | Regulated road transport contractor (defined in s15Q) |
|---|---|---|---|
| Must be party to a services contract defined in s15H. | Yes | Yes | Yes |
| Performs all or significant majority of the work under the services contract. | Yes | Yes | Yes |
| Must not be an employee - s15AA overrides common law. | Yes | Yes | Yes |
| Must perform digital platform work defined in s15N. | Yes | Yes | |
Must satisfy 2 or more of the following:
| Yes | Yes | |
In the road transport industry defined in s15S. Picks up definitions from Awards:
| Yes | Yes | |
| Is not an employee-like worker. | Yes |