Introduction
Understand our new functions to set standards for workers in the digital platform gig economy and road transport industry.
Content
We will soon have functions to set minimum standard orders and guidelines for regulated workers. The new functions will start on a date to be proclaimed or from 26 August 2024. These changes are part of the Closing Loopholes No. 2 Act amendments to the Fair Work Act 2009. See Closing Loopholes Acts – what’s changing.
Over the coming months, there will be:
- opportunities to share your views on how we plan to implement these new functions - see Regulated Worker User Group.
- information to help workers and businesses understand how the changes may affect them.
We have published a Report on how we will implement our new functions in relation to minimum standards for regulated workers. Keep visiting this page or connect with us to stay up to date.
Stay up to date
Content
To find out about consultation processes and new information resources:
- Subscribe to our Regulated worker subscription service
- Follow us on LinkedIn
- Find out how we are Preparing for new regulated worker functions
Who are regulated workers
Regulated workers are:
- 'employee-like' workers performing digital platform work, and
- regulated road transport contractors
The law also establishes the sub-category of road transport employee-like worker. See Definition of regulated workers for more information.
Minimum standards orders
| Function | Details |
|---|---|
| Employee-like minimum standard orders |
|
| Road transport minimum standards orders |
|
| Road transport contractual chain orders |
|
Regulated worker minimum standards order process
The Report on how we will implement our new functions in relation to minimum standards for regulated workers sets out a process for dealing with applications for minimum standards orders. This graphic below shows a summarised version of this process.
Contractual chain order example
The graphic shows an example of a road transport contractual chain. This example is drawn from the Supplementary Explanatory Memorandum to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 at paragraph 103. This is an illustrative example only.
In this example the Commission makes an order applying to persons in a contractual chain:
- The order requires contracts between parties to provide for payment within 30 calendar days of trip being completed
- Persons in the contractual chain:
- Supermellon operates the distribution centres and stores in Victoria
- Supermellon contracts Hugo’s Haulage to deliver goods from distribution centre to stores
- Hugo’s Haulage subcontracts to Geoffrey Transport
- Geoffrey Transport subcontracts certain deliveries to Kelly who uses her own truck to collect goods from the distribution centre and deliver them to stores in the eastern part of regional Victoria.
More information
We will also have functions relating to regulated worker disputes.
The Fair Work Ombudsman will also publish valuable information about the changes in the months ahead. Connect with them by email subscription or via social media.