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Implementation Report published: Unfair deactivation, unfair termination for regulated workers and unfair contracts for independent contractors

05 Jul 2024
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We have published an Implementation Report about incomingnew functions relating to unfair deactivation and unfair termination for regulated workers, and unfair contracts for independent contractors.  

These new functions are given to us by Part 16 of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.  The new functions will commencestart on 26 August 2024 or a date to be proclaimed or 26 August 2024.  

We invite your feedback on how we plan to implement these new functions.

Regulated workers are:

  • 'employee-like' workers performing digital platform work, and  
  • regulated road transport contractors.  

About the report

The Implementation Report sets out how we plan to implement the new functions, which include:

  • employee-like worker disputes about unfair deactivation from a digital platform
  • regulated road transport worker disputes about unfair termination of a contract
  • independent contractor disputes about unfair contract terms

We will also publish a further implementation report soon that will deal with the right to disconnect commencing under Part 8 of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024.


In his 27 February 2024 Statement, our President, Justice Hatcher, noted the significant nature of the changes relating to regulated workers.  

These reports are part of our commitment to engage and consult with our stakeholders on how we implement these new functions.

Send us your feedback

Interested parties are invited to send us feedback on the report. Email your feedback to consultation@fwc.gov.au by 5pm (AEST) on Friday, 19 July 2024.  

Read:  

  • President’s statement: Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024  
  • Implementation Report – Unfair deactivation, unfair termination and unfair contracts
  • Preparing for new regulated worker functions [add link]