the employment relationship is characterised by an absence of a firm advance commitment to continuing and indefinite work; and

the employee would be entitled to a casual loading or a specific rate of pay for casual employees under the terms of a fair work instrument if the employee were a casual employee, or the employee is entitled to such a loading or rate of pay under the contract of employment.

on the basis of the real substance, practical reality and true nature of the employment relationship; and

on the basis that a firm advance commitment can be in the form of the contract of employment or, in addition to the terms of that contract, in the form of a mutual understanding or expectation between the employer and employee not rising to the level of a term of that contract (or to a variation of any such term); and

having regard to, but not limited to, the following considerations (which may indicate the presence, rather than an absence, of such a commitment):

whether there is an inability of the employer to elect to offer, or not offer, work or an inability of the employee to elect to accept or reject work (and whether this occurs in practice);

whether, having regard to the nature of the employer’s enterprise, it is reasonably likely that there will be future availability of continuing work in that enterprise of the kind usually performed by the employee;

whether there are full-time employees or part-time employees performing the same kind of work in the employer’s enterprise that is usually performed by the employee;

whether there is a regular pattern of work for the employee.

for the purposes of paragraph (2)(b), a mutual understanding or expectation may be inferred from conduct of the employer and employee after entering into the contract of employment or from how the contract is performed; and

the considerations referred to in paragraph (2)(c) must all be considered but no single consideration is determinative and not all considerations necessarily need to be satisfied for an employee to be considered as other than a casual employee; and

a pattern of work is regular for the purposes of subparagraph (2)(c)(iv) even if it is not absolutely uniform and includes some fluctuation or variation over time (including for reasonable absences such as for illness, injury or recreation).

the contract of employment includes a term that provides the contract will terminate at the end of an identifiable period (whether or not the contract also includes other terms that provide for circumstances in which it may be terminated before the end of that period); and

the employee is a member of the academic staff or teaching staff of a higher education institution; and

the employee is covered by one of the following modern awards:

the Higher Education Industry-Academic Staff-Award 2020 as in force from time to time;

the Higher Education Industry-General Staff-Award 2020 as in force from time to time; and

the employee is not a State public sector employee of a State within the meaning of subsection 30A(1).

the employee’s employment status is changed to full-time employment or part-time employment under Division 4A of Part 2-2; or

the employee’s employment status is changed by order of the FWC under section 66MA or 739; or

the employee’s employment status is changed to full-time employment or part-time employment under the terms of a fair work instrument that applies to the employee; or

the employee accepts an alternative offer of employment (other than as a casual employee) by the employer and commences work on that basis.

casual employment (Division 4A);

is quick, flexible and informal; and

addresses the needs of employers and employees; and

provides for the resolution of disputes to support employee choice about employment status.

(a) having regard to subsections 15A(1) to (4) and the employee’s current employment relationship with the employer, the employee believes that the employee no longer meets the requirements of those subsections; and

the employee does not have a dispute with the employer relating to the operation of Division 4A of Part 2-2 being dealt with under section 66M (including by way of arbitration under section 66MA) or under section 739; and

if the employer:

is a small business employer at the time the notification is given—the employee has been employed by the employer for a period of at least 12 months beginning the day the employment started; or

is not a small business employer at the time the notification is given—the employee has been employed by the employer for a period of at least 6 months beginning the day the employment started; and

in the period of 6 months before the day the notification is given, the employee has not:

(i) received a response from the employer under section 66AAC not accepting a previous notification made under this section; or

had a dispute with the employer relating to the operation of Division 4A of Part 2-2 resolved under section 66M (including by way of arbitration under section 66MA) or under section 739.

a statement that the employer:

accepts the notification; or

does not accept the notification on one or more grounds referred to in subsection (4); and

if the employer accepts the notification—the following information:

whether the employee is changing to full-time employment or part-time employment;

the employee’s hours of work after the change takes effect;

the day the employee’s change to full-time employment or part-time employment takes effect;

if the employer does not accept the notification—reasons for the employer’s decision.

having regard to subsections 15A(1) to (4) and the employee’s current employment relationship with the employer, the employee still meets the requirements of those subsections;

there are fair and reasonable operational grounds for not accepting the notification;

accepting the notification would result in the employer not complying with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory.

substantial changes would be required to the way in which work in the employer’s enterprise is organised;

there would be significant impacts on the operation of the employer’s enterprise;

substantial changes to the employee’s terms and conditions would be reasonably necessary to ensure the employer does not contravene a term of a fair work instrument that would apply to the employee as a full-time employee or part-time employee (as the case may be).

this Act and any other law of the Commonwealth;

a law of a State or Territory;

any fair work instrument that applies to the employee;

the employee’s contract of employment.

reduce or vary an employee’s hours of work;

change the employee’s pattern of work;

terminate an employee’s employment.

requires an employee to change to full-time employment or part-time employment under this Division; or

permits an employer to require an employee to change to full-time employment or part-time employment under this Division; or

requires an employer to increase the hours of work of an employee who gives a notification to change to full-time employment or part-time employment under this Division.

giving an employer a notification under section 66AAB;

receiving a response from an employer in accordance with section 66AAC;

being taken to be a full-time employee or part-time employee under section 66AAD;

receiving an offer or notice in accordance with sections 66B and 66C;

accepting an offer and receiving a notice under section 66E;

participating in a dispute about the operation of this Division in accordance with sections 66M and 66MA.

the FWC must first deal with the dispute by means other than arbitration, unless there are exceptional circumstances; and

the FWC may deal with the dispute by arbitration in accordance with section 66MA.

resolving the dispute; or

the FWC dealing with the dispute.

any other employee that has a dispute to which this section applies with the same employer;

any employee organisation that is entitled to represent the industrial interests of such an employee.

a provision of this Act; or

a term of a fair work instrument (other than an order made under that subsection) that, immediately before the order is made, applies to the employer and employee.

that the employee continue to be treated as a casual employee;

that the employee be treated as a full-time employee or part-time employee (as the case may be) from the first day of the employee’s first full pay period that starts after the day the order is made, or such later day that the FWC considers appropriate.

have regard to whether substantial changes to the employee’s terms and conditions would be reasonably necessary to ensure the employer does not contravene a term of a fair work instrument that would apply to the employee as a full-time employee or part-time employee; and

disregard conduct of the employer and employee that occurred after the employee gave the notification under section 66AAB (which deals with employee choice notifications) to the employer.

(aa) an employee who has completed 6 months of employment (12 months if a small business employer) can notify the employer if, having regard to the employee’s current employment relationship with the employer, the employee believes that the employee no longer meets the requirements of subsections 15A(1) to (4);

the grounds upon which an employer may not accept a notification given by an employee;

before, or as soon as practicable after, the employee starts employment as a casual employee with the employer; and

as soon as practicable after the employee has been employed by the employer for a period of 6 months beginning the day the employment started; and

as soon as practicable after the following:

the employee has been employed by the employer for a period of 12 months beginning the day the employment started;

the end of any subsequent period of 12 months for which the employee is employed by the employer.

the employee is not a casual employee of the employer for whom the period referred to in paragraph (b) is identified by reference to the completion of the shift of work to which the contract relates; and

giving a notification, or receiving an offer or notice, under Division 4A of Part 2-2 (which deals with casual employment);

is an employee of the employer; and

performs particular work for the employer;

the employer knows is false; and

is made in order to persuade or influence the individual to enter into a contract for casual employment under which the individual will perform the same, or substantially the same, work for the employer.

a person applies for an order (other than a pecuniary penalty order) under Division 2 from a magistrates court or the Federal Circuit and Family Court of Australia (Division 2) in connection with a dispute; and

the dispute relates to whether a person was a casual employee of an employer when the person commenced employment with that employer; and

the person applying for the order indicates, in a manner prescribed by the regulations or by the rules of the court, that the person wants the small claims procedure to apply to the proceedings.

an order under subsection 66MA(1) (which deals with casual employment);

franchisees of the same franchisor; or

related bodies corporate of the same franchisor; or

any combination of the above.

subsections (3), (4) and (5) do not apply;

a single interest employer agreement applies to an employee in relation to particular employment; and

a single-enterprise agreement that covers the employee in relation to the same employment comes into operation;

a supported bargaining agreement applies to an employee in relation to particular employment; and

a single-enterprise agreement that covers the employee in relation to the same employment comes into operation;

(a) a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement) applies to an employee in relation to particular employment; and

the old agreement has not passed its nominal expiry date; and

when the new agreement comes into operation, the old agreement will cease to apply to the employee in relation to that employment.

each employee organisation to which the old agreement applies has provided the employer with written agreement to the making of the request; or

a voting request order permits the employer to make the request.

if the agreement is a single-enterprise agreement that covers one or more employees to whom a supported bargaining agreement or a single interest employer agreement applies—those employees;

each award covered employee, and each reasonably foreseeable employee, for the agreement would be better off overall if the agreement applied to the employee than if the relevant modern award applied to the employee; and

(b) if the agreement is a single-enterprise agreement that covers one or more employees (each of whom is an old agreement employee) to whom a supported bargaining agreement or a single interest employer agreement applies—each old agreement employee would be better off overall if the single-enterprise agreement applied to the employee than if the supported bargaining agreement or single interest employer agreement (as the case requires) applied to the employee.

if the agreement is not a greenfields agreement:

the award covered employees for the agreement; and

if the agreement is a single-enterprise agreement that covers one or more employees to whom a supported bargaining agreement or a single interest employer agreement applies—those employees;

if the agreement is not a greenfields agreement:

the award covered employees for the agreement; and

if the agreement is a single-enterprise agreement that covers one or more employees to whom a supported bargaining agreement or a single interest employer agreement applies—those employees;

paragraph (4)(c) were omitted; and

before approving the agreement the FWC had regard, under subsection 193A(6), to patterns or kinds of work, or types of employment engaged in, or to be engaged in, by:

the award covered employees for the agreement; and

(ii) if the agreement is a single-enterprise agreement that covers one or more employees to whom a supported bargaining agreement or a single interest employer agreement applies—those employees; and

in the case of an agreement of a kind covered by paragraph 193(1)(b)—the condition that a supported bargaining agreement or a single interest employer agreement applies to the employees is satisfied in relation to an employee covered by subsection 227A(5); and

paragraph 193A(4)(c) were omitted; and

a single interest employer agreement or a supported bargaining agreement applies to the employee; and

the agreement has not passed its nominal expiry date.

a single interest employer agreement or a supported bargaining agreement applies to one or more employees who will be covered by the proposed single-enterprise agreement; and

the single interest employer agreement or supported bargaining agreement has not passed its nominal expiry date.

(a) a single interest employer agreement or a supported bargaining agreement (each of which is an old agreement) applies to one or more employees who will be covered by the new agreement;

the old agreement has not passed its nominal expiry date;

when the new agreement comes into operation, the old agreement will cease to apply to the employees;

it is after the notification time for the new agreement;

each employee organisation to which the old agreement applies has been asked to provide the employer with written agreement to the making of the request;

one or more of the employee organisations has failed to provide the written agreement.

ensure that the model term is consistent with the requirements set out in subsection (1); and

take into account the following matters:

whether the model term is broadly consistent with comparable terms in modern awards;

best practice workplace relations as determined by the FWC;

whether all persons and bodies have had a reasonable opportunity to be heard and make submissions to the FWC for consideration in determining the model term;

the object of this Act (see section 3), and the objects of this Part (see section 171);

any other matters the FWC considers relevant.

ensure that the model term is consistent with the requirements set out in subsections (1) and (1A); and

take into account the following matters:

whether the model term is broadly consistent with comparable terms in modern awards;

best practice workplace relations as determined by the FWC;

whether all persons and bodies have had a reasonable opportunity to be heard and make submissions to the FWC for consideration in determining the model term;

whether the model term would, or would be likely to have, the effect referred to in paragraph 195A(1)(a), (b), (c) or (d) (objectionable emergency management terms);

the object of this Act (see section 3), and the objects of this Part (see section 171);

any other matters the FWC considers relevant.

a model flexibility term for enterprise agreements, under subsection 202(5);

a model consultation term for enterprise agreements, under subsection 205(3);

a model term for enterprise agreements about dealing with disputes, under subsection 737(1);

a model term for copied State instruments about dealing with disputes, under subsection 768BK(1A).

ensure that the model term is consistent with the requirements set out in subsection 186(6); and

take into account the following matters:

whether the model term is broadly consistent with comparable terms in modern awards;

best practice workplace relations as determined by the FWC;

whether all persons and bodies have had a reasonable opportunity to be heard and make submissions to the FWC for consideration in determining the model term;

the operation of subsections 739(3), (4), (5) and (6) and 740(3) and (4);

the object of this Act (see section 3);

any other matters the FWC considers relevant.

whether the model term is broadly consistent with comparable terms in modern awards;

best practice workplace relations as determined by the FWC;

whether all persons and bodies have had a reasonable opportunity to be heard and make submissions to the FWC for consideration in determining the model term;

the operation of subsections 739(3), (4), (5) and (6) and 740(3) and (4);

the object of this Act (see section 3);

any other matters the FWC considers relevant.

a term that the bargaining representatives for the proposed enterprise agreement concerned had agreed, at the time the application for the intractable bargaining declaration concerned was made, should be included in the agreement; and

any other term, in addition to a term mentioned in paragraph (a), that the bargaining representatives had agreed, at the time the declaration was made, should be included in the agreement; and

if there is a post-declaration negotiating period for the declaration—any other term, in addition to a term mentioned in paragraph (a) or (b), that the bargaining representatives had agreed, at the end of the period, should be included in the agreement.

unreasonably fail or refuse to deal with the workplace delegate; or

knowingly or recklessly make a false or misleading representation to the workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of the workplace delegate under this Act or a fair work instrument.

engaged the workplace delegate under a services contract; or

arranged for, or facilitated entry into, the services contract under which the workplace delegate performs work.

members of the organisation who work in a particular enterprise;

members of the organisation who perform work for, or that has been arranged or facilitated by, a particular regulated business.

in relation to employees—reasonable access to the workplace and workplace facilities where the enterprise concerned is being carried on; and

in relation to regulated workers—reasonable access to the workplace facilities provided by the regulated business concerned; and

if the workplace delegate is an employee—reasonable access to paid time, during normal working hours, for the purposes of related training, unless the workplace delegate is employed by a small business employer.

the size and nature of the enterprise or regulated business;

the resources of the employer concerned or the regulated business;

the facilities available at the enterprise or provided by the regulated business.

the reason for the contact or attempted contact;

how the contact or attempted contact is made and the level of disruption the contact or attempted contact causes the employee;

the extent to which the employee is compensated:

to remain available to perform work during the period in which the contact or attempted contact is made; or

for working additional hours outside of the employee’s ordinary hours of work;

the nature of the employee’s role and the employee’s level of responsibility;

the employee’s personal circumstances (including family or caring responsibilities).

an employee is covered by an enterprise agreement; and

the enterprise agreement includes a right to disconnect term that is more favourable to the employee than the rights in subsections (1) and (2);

there is a dispute between an employer and an employee because the employee has refused to monitor, read or respond to contact or attempted contact under subsection 333M(1) or (2) and:

the employer reasonably believes that the refusal is unreasonable; or

the employer has asserted that the refusal is unreasonable and the employee reasonably believes the refusal is not unreasonable; or

there is another dispute between the employer and the employee about the operation of section 333M.

make an order under section 333P (orders to stop refusing contact or to stop taking certain actions);

otherwise deal with the dispute.

resolving the dispute; or

applying to the FWC to make an order under section 333P or otherwise deal with the dispute; or

the FWC dealing with the dispute.

an employee has unreasonably refused to monitor, read or respond to contact or attempted contact for the purposes of subsection 333M(1) or (2) and there is a risk the employee will continue to do so;

an employee’s refusal to monitor, read or respond to contact or attempted contact for the purposes of subsection 333M(1) or (2) is not unreasonable and there is a risk that the employer will:

take disciplinary or other action against the employee because of the employer’s belief that the refusal is unreasonable; or

continue to require the employee to monitor, read or respond to contact or attempted contact despite the employee’s refusal to do so;

if the FWC is satisfied that the circumstance set out in paragraph (1)(a) applies—to prevent the employee from continuing to unreasonably refuse to monitor, read or respond to contact or attempted contact; or

if the FWC is satisfied that the circumstance set out in subparagraph (1)(b)(i) applies—to prevent the employer from taking the action; or

if the FWC is satisfied that the circumstance set out in subparagraph (1)(b)(ii) applies—to prevent the employer from continuing to require the employee to monitor, read or respond to contact or attempted contact.

start to deal with an application, to the extent that it consists of an application for an order under this section, within 14 days after the application is made; and

deal with the application as soon as is reasonably practicable after the FWC starts to deal with it.

is frivolous or vexatious; or

might involve matters that relate to:

Australia’s defence; or

Australia’s national security; or

(iii) an existing or future covert operation (Work Health and Safety Act 2011) of the Australian Federal Police; orwithin the meaning of section 12E of the

(iv) an existing or future international operation (Work Health and Safety Act 2011) of the Australian Federal Police.within the meaning of section 12E of the

to have the original application dealt with expeditiously and efficiently; and

a decision on the original application communicated by the FWC to the parties to the dispute in a timely way.

Australia’s defence; or

Australia’s national security; or

(c) an existing or future covert operation (Work Health and Safety Act 2011) of the Australian Federal Police; orwithin the meaning of section 12E of the

(d) an existing or future international operation (Work Health and Safety Act 2011) of the Australian Federal Police.within the meaning of section 12E of the

the FWC must deal with the dispute; and

if the parties notify the FWC that they agree to the FWC arbitrating the dispute—the FWC may deal with the dispute by arbitration.

regard must be had to the size and nature of the employer’s enterprise; and

regard may be had to any other relevant matters.

requiring, for a specified period, some or all of the exemption certificates that might be issued in relation to the organisation on the ground mentioned in subparagraph 519(1)(b)(ii) (suspected underpayment) to be issued subject to specified conditions;

banning, for a specified period, the issue of exemption certificates on the ground mentioned in subparagraph 519(1)(b)(ii) (suspected underpayment) in relation to the organisation, either generally or to specified permit holders;

either:

the FWC reasonably believes that advance notice of the entry given by an entry notice might result in the destruction, concealment or alteration of relevant evidence; or

the FWC is satisfied that the suspected contravention, or contraventions, involve the underpayment of wages, or other monetary entitlements, of a member of the organisation whose industrial interests the organisation is entitled to represent and who performs work on the premises, and the FWC reasonably believes that advance notice of the entry given by an entry notice would hinder an effective investigation into the suspected contravention or contraventions.

if the exemption certificate is issued on the ground mentioned in subparagraph (1)(b)(ii) (suspected underpayment)—the names of any permit holders who may enter;

the civil remedy provision is a selected civil remedy provision; and

the person is a body corporate; and

when the application for the order is made, the person is not a small business employer;

the person was reckless as to whether the contravention would occur.

the person is aware of a substantial risk that the contravention would occur; and

having regard to the circumstances known to the person, it is unjustifiable to take the risk.

the civil remedy provision is a selected civil remedy provision; and

the person is a body corporate; and

when the application for the order is made, the person is not a small business employer; and

the contravention is associated with an underpayment amount; and

the application specifies that the applicant wants the maximum penalty to be calculated based on a multiple of the underpayment amount; and

the person is not taken to have contravened the civil remedy provision under section 550 (person involved in a contravention);

the amount worked out in accordance with subsection (2AA);

3 times the underpayment amount.

(a) an employer is required to pay an amount (a required amount) to, on behalf of, or for the benefit of, an employee under this Act, a fair work instrument or a transitional instrument (as continued in existence by Schedule 3 to the Transitional Act); and

the employer engages in conduct; and

the conduct results in a failure to pay the required amount to, on behalf of, or for the benefit of, the employee in full on or before the day when the required amount is due for payment; and

the failure is related to the contravention.

the required amount mentioned in paragraph (1)(a); and

the amount (including a nil amount) the employer actually paid to, on behalf of, or for the benefit of, the employee on account of the required amount.

the assets and liabilities of the constituent part before it, or the organisation of which it was a State or Territory branch, was de-registered under Part 2 in connection with the formation of the amalgamated organisation; and

(b) invite the person to give written notice, within a period of 28 days after being sent the statement (the notice period), to the amalgamated organisation or to the newly registered organisation that:

the person wants to remain a member of the amalgamated organisation; or

the person wants to become a member of the newly registered organisation; and

explain the effect of responding, or failing to respond, to the invitation.

ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day on which the notice is received by the amalgamated organisation or the newly registered organisation (as the case may be); and

becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.

ceases, by force of this subsection, to be a member of the amalgamated organisation with effect from the end of the day after the end of the notice period; and

becomes, by force of this subsection and without payment of entrance fee, a member of the newly registered organisation with effect from the day after the day referred to in paragraph (a) of this subsection.

is not liable to make any payment because the person gave no notice, or insufficient notice, of ceasing to be such a member under the rules of the organisation; and

otherwise, remains liable for such payments as are due in accordance with those rules.

the day that would have been the person’s last day of term in the constituent office if the withdrawal had not occurred; and

the first anniversary of the withdrawal day.

an application that was made to the FWC under section 94 of the old Act; and

anything done in relation to the application (whether before or after the commencement of this item).

an application was made to the FWC under section 94 of the old Act for a secret ballot to be held to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation; and

either or both of the following apply:

(i) the application related to a constituent part of the amalgamated organisation that is a branch, division or part of the organisation referred to in paragraph (c) of the definition of separately identifiable constituent part in subsection 93(1) of the old Act;

the application was made after the end of the period referred to in paragraph 94(1)(c) of the old Act; and

a certificate in relation to a ballot was not prepared, dated and signed under subsection 106(1) of the old Act before 1 July 2023;

the application is taken not to have been made; and

anything that was done in relation to the application before the commencement of this item (including by the applicant, the FWC, the AEC or any other person):

is taken not to have been done; and

has no effect on or after the commencement of this item.

the totality of the relationship between the individual and the person must be considered; and

in considering the totality of the relationship between the individual and the person, regard must be had not only to the terms of the contract governing the relationship, but also to other factors relating to the totality of the relationship including, but not limited to, how the contract is performed in practice.

Divisions 2A and 2B of Part 1-3;

Part 3-1, to the extent that Part 3-1 applies only because of the operation of section 30G or 30R.

if the person has given a notice to the individual under subsection (2) or (3) of this section—within 21 days of the giving of the notice; or

if the person has not given a notice to the individual under subsection (2) or (3) of this section—at any time after the commencement of this section.

by force of this section, section 15AA does not start to apply to the relationship on that commencement; and

section 15AA does not apply to the relationship after that commencement, unless the opt out notice is revoked.

by force of this section, section 15AA ceases to apply to the relationship on the day on which the opt out notice is given; and

section 15AA does not apply to the relationship on or after that day, unless the opt out notice is revoked.

the need for standards that ensure that the road transport industry is safe, sustainable and viable;

the need to avoid unreasonable adverse impacts upon the following:

sustainable competition among road transport industry participants;

road transport industry business viability, innovation and productivity;

administrative and compliance costs for road transport industry participants;

the need to avoid adverse impacts on the sustainability, performance and competitiveness of supply chains and the national economy;

the need for minimum standards in road transport contractual chains.

the making and varying of modern awards that relate to the road transport industry;

the making and varying of road transport minimum standards orders and road transport guidelines;

the making and varying of road transport contractual chain orders and road transport contractual chain guidelines;

the prioritisation by the FWC of matters relating to the road transport industry;

such other matters as are prescribed by the regulations.

an organisation that is entitled to represent the industrial interests of one or more regulated road transport contractors;

an organisation that is entitled to represent the industrial interests of one or more road transport businesses.

if a proposed road transport minimum standards order or a proposed road transport contractual chain order will cover owner drivers; or

if the FWC proposes to perform a function or exercise a power in relation to a road transport minimum standards order or a road transport contractual chain order that has, or may have, an effect upon owner drivers that is more than minor or technical.

the President gives a direction that 2 or more matters be dealt with jointly; and

at least one of the matters:

must be dealt with by an Expert Panel constituted to deal with a matter that relates to the road transport industry (see subsection 617(10B); or

is a matter that the President considers might relate to the road transport industry and has directed be dealt with by an Expert Panel constituted for the purpose (see subsection 617(10D);

a modern award made under Part 2-3 that the President considers might relate to the road transport industry;

a determination made under subsection 157(1) varying or revoking a modern award that the President considers might relate to the road transport industry;

a road transport minimum standards order made under paragraph 536JY(1)(b) or a determination made under subsection 536KQ(1) varying or revoking a road transport minimum standards order;

a deferral determination made under subsection 536KQJ(1) in relation to a road transport minimum standards order;

a suspension determination made under subsection 536KQP(1) in relation to a road transport minimum standards order;

a determination made under subsection 536KQ(1) varying or revoking a road transport minimum standards order to give effect to a decision to vary or revoke the minimum standards order under paragraph 536KQS(2)(a) or (b);

a decision made under paragraph 536KQS(2)(a), (b) or (c) as to whether or not to vary or revoke a road transport minimum standards order;

road transport guidelines made under subsection 536KR(1) or a determination made under subsection 536KZ(1) varying or revoking road transport guidelines;

a road transport contractual chain order made under section 536PD or a determination made under 536PT varying or revoking a road transport contractual chain order;

road transport contractual chain guidelines made under section 536QP or a determination made under section 536QW varying or revoking road transport contractual chain guidelines;

a deferral determination made under subsection 536QB(1) in relation to a road transport contractual chain order;

a suspension determination made under subsection 536QG(1) in relation to a road transport contractual chain order;

a determination made under subsection 536PT(1) varying or revoking a road transport contractual chain order to give effect to a decision to vary or revoke the road transport contractual chain order under paragraph 536QK(2)(a) or (b);

a decision made under paragraph 536QK(2)(a), (b) or (c) as to whether or not to vary or revoke a road transport contractual chain order;

such other instruments as are prescribed that the President considers might relate to the road transport industry.

an employee-like worker minimum standards order or a determination varying or revoking an employee-like worker minimum standards order, if the President considers that the order might relate to the road transport industry or sector;

employee-like guidelines or a determination varying or revoking employee-like guidelines, if the President considers that the guidelines might relate to the road transport industry;

any other prescribed instrument or matter that the President considers might relate to the road transport industry;

dealing with a matter that the President considers might relate to the road transport industry.

the President, or a Vice President or Deputy President appointed by the President to be the Chair of the Panel; and

at least one Expert Panel Member or other FWC Member who has knowledge of, or experience in, the road transport industry; and

subject to subsection (2A), such number (if any) of other FWC Members as the President considers appropriate.

an employee-like worker collective agreement (see subsection 536MK(4));

a road transport collective agreement (see subsection 536MK(5)).

in prescribing a manner in which the contractor high income threshold is worked out, regulations made for the purposes of subsection (1) specify a particular matter or state of affairs; and

as a result of a change in the matter or state of affairs, the amount of the contractor high income threshold worked out in that manner would, but for this subsection, be less than it was on the last occasion on which this subsection did not apply;

employee-like worker guidelines (see subsection 536KR(2));

road transport guidelines (see subsection 536KR(3)).

an employee-like worker minimum standards order (see subsection 536JY(2));

a road transport minimum standards order (see subsection 536JY(3)).

the person is a digital labour platform operator (see section 15M); or

the person is a road transport business (see subsection 15R).

the person is an employee-like worker (see section 15P); or

the person is a regulated road transport contractor (see section 15Q).

that relates to the performance of work under the contract by an individual; and

that has the requisite constitutional connection specified in subsection (2) or (3).

at least one party to the contract is:

a constitutional corporation; or

the Commonwealth or a Commonwealth authority; or

a body corporate incorporated in a Territory in Australia; or

one or more of the following subparagraphs is satisfied:

the work concerned is wholly or principally to be performed in a Territory in Australia;

the contract was entered into in a Territory in Australia;

at least one party to the contract is a natural person who is resident in, or a body corporate that has its principal place of business in, a Territory in Australia;

the work concerned is done in the course of constitutional trade or commerce.

a constitutional corporation; or

the Commonwealth or a Commonwealth authority; or

a body corporate incorporated in a Territory in Australia; or

a natural person who is resident in, or a body corporate that has its principal place of business in, a Territory in Australia.

(a) whether the individual is an employee of the person within the ordinary meaning of that expression; or

(b) whether the person is an employer of the individual within the ordinary meaning of that expression;

Part 3A-3;

the Digital Labour Platform Deactivation Code;

an order made under, or for the purposes of, Chapter 3A.

Part 3A-3;

the Road Transport Industry Termination Code;

an order made under, or for the purposes of, Chapter 3A.

the operator of the application, website or system:

engages independent contractors directly or indirectly through or by means of the application, website or system; or

acts as an intermediary for or on behalf of more than one distinct but interdependent sets of users who interact with the independent contractors or the operator via the application, website or system; and

any of the following processes payments referable to the work performed by the independent contractors:

the operator of the application, website or system;

an associated entity of the operator;

a person contracted, whether directly or through one or more interposed entities, by the operator or an associated entity of the operator to process the payments.

an online application, website or system may be specified by name or by inclusion in a specified class or specified classes;

an online application, website or system may be specified in respect of all forms of digital platform work, or in respect of specified forms of digital platform work.

work performed by an independent contractor, where:

the work is performed under a services contract through or by means of a digital labour platform, or the services contract under which the work is performed was arranged or facilitated through or by means of a digital labour platform; and

payment is made for that work; or

work prescribed by the regulations for the purposes of this subsection.

the person is:

an individual who is a party to a services contract in their capacity as an individual (other than as a principal), and performs work under the contract; or

if a body corporate is a party to a services contract (other than as a principal)—an individual who is a director of the body corporate, or a member of the family of a director of a body corporate, and performs work under the contract; or

if a trustee of a trust is a party to a services contract in their capacity as a trustee (other than as a principal)—an individual who is a trustee of the same trust and performs work under the contract, whether or not the individual is a party to the contract; or

if a partner in a partnership is a party to a services contract in their capacity as a partner (other than as a principal)—an individual who is a partner in the same partnership and performs work under the contract, whether or not the individual is a party to the contract; and

the person performs all, or a significant majority, of the work to be performed under the services contract; and

the work that the person performs under the services contract is digital platform work; and

the person does not perform any work under the services contract as an employee; and

the person satisfies 2 or more of the following:

the person has low bargaining power in negotiations in relation to the services contract under which the work is performed;

the person receives remuneration at or below the rate of an employee performing comparable work;

the person has a low degree of authority over the performance of the work;

the person has such other characteristics as are prescribed by the regulations.

the person is:

an individual who is a party to a services contract in their capacity as an individual (other than as a principal), and performs work under the contract; or

if a body corporate is a party to a services contract (other than as a principal)—an individual who is a director of the body corporate, or a member of the family of a director of a body corporate, and performs work under the contract; or

if a trustee of a trust is a party to a services contract in their capacity as a trustee (other than as a principal)—an individual who is a trustee of the same trust and performs work under the contract, whether or not the individual is a party to the contract; or

if a partner in a partnership is a party to a services contract in their capacity as a partner (other than as a principal)—an individual who is a partner in the same partnership and performs work under the contract, whether or not the individual is a party to the contract; and

the person performs all, or a significant majority, of the work to be performed under the services contract; and

the person does not perform any work under the services contract as an employee; and

the work performed under the services contract is work in the road transport industry; and

the person is not an employee-like worker who performs work in the road transport industry under the services contract.

receives services under a services contract, where the services contract provides for the performance of work in the road transport industry; or

is a constitutional corporation, or is included in a class of constitutional corporations, prescribed by the regulations for the purposes of this paragraph.

under which work is performed for a party to the first contract or arrangement in the chain or series by a regulated road transport contractor or a road transport employee-like worker under a services contract, or by an employee; and

in which at least one party to the first contract or arrangement in the chain or series is a constitutional corporation.

(a) the person is a party (a primary party) to the first contract or arrangement in the road transport contractual chain; or

(b) the person is a party (a secondary party) to a subsequent contract or arrangement in the road transport contractual chain, being a contract or arrangement under which work is performed for the secondary party by a regulated road transport contractor or a road transport employee-like worker under a services contract, or by an employee; or

the person is a regulated road transport contractor or a road transport employee-like worker who performs work under a services contract in the road transport contractual chain.

the delivery of a thing to the individual by a regulated road transport contractor, a road transport employee-like worker or an employee, if the delivery of the thing is solely for the individual’s private or domestic purposes; or

the consignment of a thing by the individual for delivery by a regulated road transport contractor, a road transport employee-like worker or an employee if the consignment of the thing is solely for the individual’s private or domestic purposes; or

work performed by the individual in the capacity of an employee; or

(d) work performed by the individual in an industry prescribed by the regulations for the purposes of this subsection.

an industry may be specified by name or by inclusion in a specified class or specified classes; and

an industry may be specified in respect of work in the road transport industry, or in respect of specified forms of such work.

is taken to be performed for the person who engaged the regulated road transport contractor, road transport employee-like worker or employee; and

is also taken to be performed for each party to a contract or arrangement in the chain or series of contracts or arrangements.

is a constitutional corporation; or

is a party to a contract with a constitutional corporation; or

is a national system employer to the extent that it engages national system employees to perform work in the road transport industry; or

is a regulated business; or

is engaged in constitutional trade or commerce; or

is incorporated in a Territory; or

is prescribed by the regulations.

(a) the road transport and distribution industry within the meaning of the Road Transport and Distribution Award 2020 as in force on 1 July 2024, with such modifications (if any) as are prescribed by regulations for the purposes of this paragraph; and

(b) the long distance operations in the private road transport industry within the meaning of the Road Transport (Long Distance Operations) Award 2020 as in force on 1 July 2024, with such modifications (if any) as are prescribed by regulations for the purposes of this paragraph; and

(c) the waste management industry within the meaning of the Waste Management Award 2020 as in force on 1 July 2024, with such modifications (if any) as are prescribed by regulations for the purposes of this paragraph; and

(d) the cash in transit industry within the meaning of the Transport (Cash in Transit) Award 2020 as in force on 1 July 2024, with such modifications (if any) as are prescribed by regulations for the purposes of this paragraph; and

(e) the passenger vehicle transportation industry within the meaning of clause 4.2 of the Passenger Vehicle Transportation Award 2020, not including paragraph 4.2(c)), as in force on 1 July 2024, with such modifications (if any) as are prescribed by regulations for the purposes of this paragraph; and

any other industry (however described) prescribed by the regulations for the purposes of this paragraph.

the minimum standards order covers the regulated worker; and

the minimum standards order is in operation; and

no other provision of this Act provides, or has the effect, that the minimum standards order does not apply to the regulated worker.

the employee-like minimum standards order covers the digital labour platform operator; and

the employee-like minimum standards order covers employee-like workers; and

the digital labour platform operator:

directly or indirectly engages, under services contracts, employee-like workers covered by the employee-like minimum standards order who perform work through or by means of a digital labour platform operated by the digital labour platform operator; or

arranges or facilitates services contracts through or by means of a digital labour platform operated by the digital labour platform operator, under which work is performed by employee-like workers covered by the employee-like minimum standards order; and

the employee-like minimum standards order is in operation; and

no other provision of this Act provides, or has the effect, that the employee-like minimum standards order does not apply to the digital labour platform operator.

the road transport minimum standards order covers the road transport business; and

the road transport minimum standards order covers regulated road transport contractors; and

the road transport business receives the services under a services contract of a regulated road transport contractor covered by the road transport minimum standards order; and

the road transport minimum standards order is in operation; and

no other provision of this Act provides, or has the effect, that the road transport minimum standards order does not apply to the road transport business.

a provision of this Act;

an FWC order made under a provision of this Act;

an order of a court.

a provision of this Act;

an FWC order made under a provision of this Act;

an order of a court.

a provision of this Act;

an FWC order made under a provision of this Act;

an order of a court.

a provision of this Act;

an FWC order made under a provision of this Act;

an order of a court.

the collective agreement covers the regulated worker; and

the collective agreement is in operation; and

no other provision of this Act provides, or has the effect, that the collective agreement does not apply to the regulated worker.

the collective agreement covers the regulated business; and

the collective agreement covers regulated workers; and

if the regulated business is a digital labour platform operator:

the digital labour platform operator directly or indirectly engages, under services contracts, employee-like workers covered by the collective agreement who perform work through or by means of a digital labour platform operated by the digital platform operator; or

the digital labour platform operator arranges or facilitates services contracts, through or by means of a digital labour platform operated by the digital platform operator, under which work is performed by employee-like workers covered by the collective agreement; and

if the regulated business is a road transport business—the road transport business receives services under services contracts under which the regulated road transport contractors perform work; and

no other provision of this Act provides, or has the effect, that the collective agreement does not apply to the regulated business.

a provision of this Act;

an FWC order made under a provision of this Act;

an order of a court.

a provision of this Act;

an FWC order made under a provision of this Act;

an order of a court.

on the day that is it is registered under subsection 536MS(1); or

if a later day is specified in the collective agreement—on that later day.

at the end of the period of operation specified in the collective agreement as required by paragraph 536MS(3)(a); or

if an earlier day is specified in a termination notice in relation to the collective agreement that is registered under subsection 536MW(1)—on that day.

includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and

is a reference to a law of a State or Territory as in force from time to time.

take or deem the regulated business, regulated worker or party to be an employer or employee, or otherwise treat the regulated business, regulated worker or party as if the regulated business, regulated worker or party, as the case requires, were an employer or employee, for the purposes of a law that relates to one or more workplace relations matters (or provide a means for the regulated business, regulated worker or party to be so taken, deemed or treated);

confer or impose rights, entitlements, obligations or liabilities on the regulated business, regulated worker or party in relation to matters that, in an employment relationship, would be workplace relations matters (or provide a means for rights, entitlements, obligations or liabilities in relation to such matters to be conferred or imposed on the regulated business, regulated worker or party);

without limiting paragraphs (a) and (b)—expressly provide for a court, commission or tribunal to do any of the following in relation to a services contract on an unfairness ground:

make an order or determination (however described) setting aside, or declaring to be void or otherwise unenforceable, all or part of the services contract;

make an order or determination (however described) amending or varying all or part of the services contract.

a law of a State or Territory, to the extent that the law deals with matters relating to outworkers (including entry of a representative of a trade union to premises for a purpose connected with outworkers), other than matters mentioned in paragraph (1)(c); or

any of the following laws:

(i) Chapter 6 of the Industrial Relations Act 1996 (NSW) (and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of Chapter 6);

(ii) the Owner Drivers and Forestry Contractors Act 2005 (Vic.); or

a law of a State or Territory that is specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified.

is a law referred to in paragraph (3)(a) or (3)(b); or

deals with matters that, because of subsection 536JQ(2), are not workplace relations matters.

includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and

is a reference to a law of a State or Territory as in force from time to time.

remuneration, allowances or other amounts payable to employees;

leave entitlements of employees;

hours of work of employees;

enforcing or terminating contracts of employment;

making, enforcing or terminating agreements (not being contracts of employment) determining terms and conditions of employment;

disputes between employees and employers, or the resolution of such disputes;

industrial action by employees or employers;

any other matter that is substantially the same as a matter that relates to employees or employers and that is dealt with by or under:

this Act; or

(ii) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

a State or Territory industrial law;

any other matter specified in regulations made for the purposes of this paragraph.

prevention of discrimination or promotion of equal employment opportunity, but only if the State or Territory law concerned is neither a State or Territory industrial law nor contained in such a law;

superannuation;

workers’ compensation;

occupational health and safety;

child labour;

the observance of a public holiday, except the rate of payment of an employee for the public holiday;

deductions from wages or salaries;

industrial action affecting essential services;

attendance for service on a jury;

professional or trade regulation;

consumer protection;

taxation;

any other matter specified in regulations made for the purposes of this paragraph.

the services contract is unfair;

the services contract is harsh or unreasonable;

the services contract is unjust;

the services contract is against the public interest;

the services contract is designed to, or does, avoid the provisions of:

this Act; or

(ii) the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

a State or Territory industrial law; or

an award, agreement or other instrument made under a law referred to in subparagraph (i), (ii) or (iii);

the services contract provides for remuneration at a rate that is, or is likely to be, less than the rate of remuneration for an employee performing similar work;

any other ground that is substantially the same as a ground specified in any of paragraphs (a) to (f);

any other ground specified in regulations made for the purposes of this paragraph.

a law of a State or Territory specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified;

a law of a State or Territory that provides for rights or remedies by reference to a law described in paragraph (a).

includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and

is a reference to a law of a State or Territory as in force from time to time.

(a) making a contract or arrangement, or arriving at an understanding, that is or contains a cartel provision that satisfies the purpose condition in either paragraph 45AD(3)(a) or 45AD(3)(b) of the Competition and Consumer Act 2010 or the Competition Code within the meaning of that Act; or

(b) boycott conduct Competition and Consumer Act 2010 or the Competition Code within the meaning of that Act; orwithin the meaning of subsection 87AA(2) of the

done in accordance with a term of a collective agreement, to the extent that the term has no effect because of subsection 536MX(1) or (2) of this Act (about matters in respect of which a collective agreement may not be made, or that are primarily of a commercial nature).

the need for standards that:

are clear and simple; and

are fair and relevant; and

recognise the perspectives of regulated workers, including their skills, the value of the work they perform and their preferences about their working arrangements; and

do not change the form of the engagement of regulated workers from independent contractor to employee; and

do not give preference to one business model or working arrangement over another; and

are tailored to the relevant industry, occupation or sector and the relevant business models; and

are tailored to the type of work, working arrangements and regulated worker preferences; and

reflect the differences in the form of engagement of regulated workers as independent contractors to the form of engagement of employees; and

have regard to the ability of regulated workers to perform work under services contracts for multiple businesses, and the fact that the work may be performed simultaneously;

in addition to the other matters provided for in this subsection, the need for standards that deal with minimum rates of pay that:

take into account costs necessarily incurred by regulated workers directly arising from the performance of a services contract; and

take into account safety net minimum standards that apply to employees performing comparable work; and

do not change the form of the engagement of regulated workers;

the need to avoid unreasonable adverse impacts upon the following:

sustainable competition among industry participants;

business costs, regulatory burden, sustainability, innovation, productivity or viability;

administrative and compliance costs for industry participants;

the national economy;

persons or bodies that use or rely on the work performed by regulated workers, or the services received under services contracts for the performance of that work;

the need to consider other orders or instruments (however described) made under this Chapter and to avoid unnecessary overlap of such orders or instruments.

employee-like workers; or

regulated road transport contractors.

on its own initiative; or

on application under subsection 536JZ(1).

an organisation that is entitled to represent the industrial interests of one or more regulated workers who would be covered by the proposed minimum standards order;

an organisation that is entitled to represent the industrial interests of one or more of the regulated businesses that would be covered by the proposed minimum standards order;

a regulated business that is included in a class of regulated businesses that would be covered by the proposed minimum standards order;

the Minister.

must not make or vary the employee-like worker minimum standards order unless there has been genuine engagement with the parties to be covered; and

must not make or vary the employee-like worker minimum standards order unless the consultation process set out in Subdivision BA has been followed; and

must have regard to choice and flexibility in working arrangements in making or varying the employee-like worker minimum standards order.

(a) publish a notice (a notice of intent) stating that the FWC proposes to make an employee-like worker minimum standards order; and

publish a draft of the proposed employee-like worker minimum standards order.

may decide not to publish the information; and

may instead publish:

a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or

if the FWC considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published.

a person or body likely to be affected by the making of an employee-like worker minimum standards order based on the draft; or

a person or body prescribed by the regulations, or belonging to a class of persons or bodies prescribed by the regulations.

decide not to make the employee-like worker minimum standards order based on the draft; and

publish a subsequent notice of intent under subsection 536KAA(1) in relation to the revised draft employee-like worker minimum standards order, and publish the revised draft; and

follow the process set out in section 536KAB in relation to the revised draft employee-like worker minimum standards order, with the period of consultation under that section to be a period that the FWC is satisfied is a reasonable period of consultation, having regard to the unique nature of digital platform work.

an application is made for a road transport minimum standards order under subsection 536JZ(1) or for a variation of a road transport minimum standards order under section 536KP; or

the FWC is considering making or varying a minimum standards order on its own initiative.

must not make or vary the road transport minimum standards order unless there has been genuine engagement with the parties to be covered; and

must not make or vary the road transport minimum standards order unless the Road Transport Advisory Group has been consulted; and

must not make or vary the road transport minimum standards order unless the consultation process set out in Subdivision D has been followed; and

must have regard to the commercial realities of the road transport industry; and

must be satisfied that making or varying the road transport minimum standards order will not unduly affect the viability and competitiveness of owner drivers or other similar persons.

(a) publish a notice (a notice of intent) stating that the FWC proposes to make a road transport minimum standards order; and

publish a draft of the proposed road transport minimum standards order.

may decide not to publish the information; and

may instead publish:

a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or

if the FWC considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published.

a person or body likely to be affected by the making of a road transport minimum standards order based on the draft; or

a person or body prescribed by the regulations, or belonging to a class of persons or bodies prescribed by the regulations.

decide not to make the road transport minimum standards order based on the draft; and

publish a subsequent notice of intent under subsection 536KB(1) in relation to the revised draft road transport minimum standards order, and publish the revised draft; and

follow the process set out in section 536KC in relation to the revised draft road transport minimum standards order (with the period of consultation under that section to be no shorter than 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (b) of this subsection were published).

refuse to consider the application; or

make a minimum standards order; or

not make a minimum standards order; or

if the FWC considers it appropriate to do so, instead make minimum standards guidelines under section 536KR, as if the application had been an application under subsection 536KS(1) for minimum standards guidelines in relation to the regulated workers covered by the application under subsection 536JZ(1).

the digital platform work covered by the employee-like worker minimum standards order; and

the digital labour platform operators covered by the employee-like worker minimum standards order; and

the employee-like workers covered by the employee-like worker minimum standards order.

specified digital labour platform operators; and

specified employee-like workers who:

are engaged through or by means of a digital labour platform operated by a digital platform operator covered by the employee-like worker minimum standards order; or

perform work under a contract arranged or facilitated through or by means of a digital labour platform operated by a digital platform operator covered by the employee-like worker minimum standards order.

digital labour platform operators must be specified by inclusion in a specified class or specified classes; and

employee-like workers must be specified by inclusion in a specified class or specified classes.

the work in the road transport industry covered by the road transport minimum standards order; and

the regulated road transport contractors covered by the road transport minimum standards order; and

the road transport businesses covered by the road transport minimum standards order.

specified road transport businesses; and

specified regulated road transport contractors.

road transport businesses must be specified by inclusion in a specified class or specified classes; and

regulated road transport contractors must be specified by inclusion in a specified class or specified classes.

payment terms;

deductions;

record-keeping in relation to matters covered by or required by this Act, or by an order or instrument made under this Act, being matters that concern regulated workers or regulated businesses;

insurance;

consultation;

representation;

delegates’ rights;

cost recovery.

overtime rates;

rostering arrangements;

matters that are primarily of a commercial nature that do not affect the terms and conditions of engagement of regulated workers covered by the minimum standards order;

a term that would change the form of the engagement or the status of regulated workers covered by the minimum standards order including, but not limited to, a term that deems a regulated worker to be an employee;

a matter relating to work health and safety that is otherwise comprehensively dealt with by a law of the Commonwealth, a State or a Territory;

a matter prescribed by the regulations, or belonging to a class of matter prescribed by the regulations for the purposes of this paragraph.

the regulations may specify that a particular matter, or a matter included in a class of matters, is, or is not, dealt with comprehensively by a law of the Commonwealth, a State or a Territory; and

the regulations may prescribe one or more laws of the Commonwealth, a State or a Territory to which that paragraph does, or does not, not apply.

penalty rates for work performed at particular times or on particular days (including, but not limited to, loadings and shift allowances);

payment for:

time before the acceptance of an engagement on a digital labour platform; or

time in between the completion of an engagement and the commencement of the next engagement on a digital labour platform;

minimum periods of engagement or a minimum payment referable to a period of minimum engagement.

the type of work performed by the employee-like workers covered by the employee-like worker minimum standards order; and

the digital labour platform operators covered by the employee-like worker minimum standards order.

a matter relating to road transport that is otherwise comprehensively dealt with:

(i) by the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld); or

by another law of the Commonwealth, a State or a Territory;

a matter prescribed by the regulations, or belonging to a class of matter prescribed by the regulations.

(a) the regulations may specify that a particular matter, or a matter included in a class of matters, is, or is not, dealt with comprehensively by the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Qld) or another law of the Commonwealth, a State or a Territory; and

the regulations may prescribe one or more laws of the Commonwealth, a State or a Territory to which subparagraph (1)(a)(ii) does, or does not, not apply.

an organisation that is entitled to represent, or another body that represents, the industrial interests of one or more regulated workers covered by the minimum standards order or who would be covered by the minimum standards order as proposed to be varied;

an organisation that is entitled to represent, or another body that represents, the industrial interests of one or more of the regulated businesses covered by the minimum standards order, or that would be covered by the minimum standards order as proposed to be varied;

a regulated business covered by the minimum standards order or that would be covered by the proposed minimum standards order as proposed to be varied;

a national or State council or federation that is effectively representative of a significant number of organisations or bodies mentioned in paragraph (a) or (b);

the Minister.

on its own initiative; or

on application under section 536KP.

the coming into operation of a minimum standards order; or

the application of:

all of the terms of a minimum standards order to a specified class or specified classes of persons; or

specified terms of a minimum standards order to a specified class or specified classes of persons; or

specified terms of a minimum standards order to all persons.

comes into operation on the day on which it is made; and

ceases to be in operation on the day on which the FWC decides under subsection 536KQS(2) whether or not to vary or revoke the minimum standards order.

may only make one full deferral declaration in relation to a particular minimum standards order; and

must not make a full deferral declaration in relation to a particular road transport minimum standards order if a deferral determination (whether a full deferral determination or a part deferral determination) has previously been made by the FWC in relation to the road transport minimum standards order.

to whom the terms already apply when the later part deferral declaration is made; or

in relation to whom the application of the terms has previously been deferred.

is not in operation during any period when a full deferral declaration in relation to the minimum standards order is in operation; and

is in operation during any period when a part deferral declaration in relation to the minimum standards order is in operation.

suspending the operation of a minimum standards order; or

suspending the application of:

all of the terms of a minimum standards order to a specified class or specified classes of persons; or

specified terms of a minimum standards order to a specified class or specified classes of persons; or

specified terms of a minimum standards order to all persons.

must not be longer than 12 months; and

must not start before the day on which the suspension declaration is made.

if the FWC decides to vary or revoke the minimum standards order—on the day that the determination made under subsection 536KQ(1) varying or revoking the minimum standards order comes into operation, which must not be later than 12 months after the day on which the suspension declaration was made;

if the FWC decides not to vary or revoke the minimum standards order:

7 days after the day on which the decision is made; or

if a 7-day period would result in the suspension lasting longer than 12 months—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting 12 months or less.

if the part suspension declaration suspends the application of all of the terms of the minimum standards order to a specified class of persons—the day on which all of the terms of the minimum standards order first applied to the specified class of persons;

if the part suspension declaration suspends the application of all of the terms of the minimum standards order to 2 or more specified classes of persons—the day on which all of the terms of the minimum standards order first applied to at least one of the specified classes of persons (even if all of the terms of the order did not apply to all of the specified classes on that day);

if the part suspension declaration suspends the application of specified terms of the minimum standards order to a specified class of persons—the day on which the specified terms first applied to the specified class of persons;

if the part suspension declaration suspends the application of specified terms of the minimum standards order to 2 or more specified classes of persons—the day on which the specified terms of the minimum standards order first applied to at least one of the specified classes of persons (even if the order did not apply to all of the specified classes on that day);

if the part suspension declaration suspends the application of specified terms of the minimum standards order to all persons—the day on which the specified terms first applied to all persons.

is not in operation during any period when a full suspension declaration in relation to the minimum standards order is in operation; and

is in operation during any period when a part suspension declaration in relation to the minimum standards order is in operation.

an organisation that is entitled to represent the industrial interests of one or more regulated road transport contractors covered by the road transport minimum standards order;

an organisation that is entitled to represent the industrial interests of one or more of the road transport businesses covered by the road transport minimum standards order;

a road transport business covered by the road transport minimum standards order.

that defers the coming into operation of a road transport minimum standards order; or

that defers the application of:

all of the terms of a road transport minimum standards order to a specified class or specified classes of persons; or

specified terms of a road transport minimum standards order to a specified class or specified classes of persons; or

specified terms of a road transport minimum standards order to all persons.

comes into operation on the day on which it is made; and

ceases to be in operation on the day on which the FWC decides under subsection 536KQS(2) whether or not to vary or revoke the road transport minimum standards order.

may only make one full deferral determination in relation to a particular road transport minimum standards order; and

must not make a full deferral determination in relation to a particular road transport minimum standards order if a deferral declaration (whether a full deferral declaration or a part deferral declaration) has previously been made by the Minister in relation to the road transport minimum standards order.

to whom the term already applies when the later part deferral determination is made; or

in relation to whom the application of the terms has previously been deferred.

consider the application as soon as practicable; and

consult the Road Transport Advisory Group before making a decision on the application.

make the deferral determination under subsection 536KQJ(1); or

decide not to make the deferral determination.

the applicant has provided significant new facts or evidence that was not available at the time the FWC decided to make the road transport minimum standards order; and

the significant new facts or evidence demonstrate that the road transport minimum standards order will not provide, or has not provided, an appropriate safety net of minimum standards for parties in the road transport industry, having regard to the minimum standards objective and the road transport objective.

is not in operation during any period when a full deferral determination in relation to the road transport minimum standards order is in operation; and

is in operation during any period when a part deferral determination is in operation in relation to the road transport minimum standards order.

an organisation that is entitled to represent the industrial interests of one or more regulated road transport contractors covered by the road transport minimum standards order;

an organisation that is entitled to represent the industrial interests of one or more of the road transport businesses covered by the road transport minimum standards order;

a road transport business covered by the road transport minimum standards order.

if the part suspension determination will suspend the application of all of the terms of the road transport minimum standards order to a specified class—the first day on which all of the terms of the road transport minimum standards order applied to the class of person;

if the part suspension determination will suspend the application of all of the terms of the road transport minimum standards order to 2 or more specified classes of persons—the day on which all of the terms of the road transport minimum standards order first applied to at least one of the specified classes of persons (even if all of the terms of the order did not apply to all of the specified classes on that day);

if the part suspension determination will suspend the application of specified terms of the road transport minimum standards order to a specified class of persons—the first day on which the specified terms applied to the specified class of persons;

if the part suspension determination will suspend the application of specified terms of the road transport minimum standards order to 2 or more specified classes of persons—the day on which the specified terms of the road transport minimum standards order first applied to at least one of the specified classes of persons (even if the order did not apply to all of the specified classes on that day);

if the part suspension determination will suspend the application of specified terms of the road transport minimum standards order to all persons—the first day on which the specified terms applied to all persons.

suspending the operation of a road transport minimum standards order; or

suspending:

the application of a road transport minimum standards order to a specified class or specified classes of persons; or

the application of specified terms of a road transport minimum standards order to a specified class or specified classes of persons; or

the application of specified terms of road transport minimum standards order to all persons.

must not be a period of more than 12 months; and

must not start before the day on which the determination is made.

if the FWC decides to vary or revoke the road transport minimum standards order—on the day that the determination made under subsection 536KQ(1) varying or revoking the minimum standards order comes into operation, which must not be later than 12 months after the day on which the suspension determination was made;

if the FWC decides not to vary or revoke the road transport minimum standards order:

7 days after the day on which the decision is made; or

if a 7-day period would result in the suspension lasting longer than 12 months—such shorter period as is specified in the decision, which must be a period that would result in the suspension lasting 12 months or less.

consider the application as soon as practicable; and

consult the Road Transport Advisory Group before making a decision on the application.

make the suspension determination under subsection 536KQP(1); or

decide not to make the suspension determination.

the applicant has provided significant new facts or evidence that was not available at the time the FWC decided to make the road transport minimum standards order; and

the significant new facts or evidence demonstrate that the road transport minimum standards order will not provide, or has not provided, an appropriate safety net of minimum standards for parties in the road transport industry, having regard to the minimum standards objective and the road transport objective.

is not in operation during any period when a full suspension determination in relation to the road transport minimum standards order is in operation; and

is in operation during any period when a part suspension determination is in operation in relation to the road transport minimum standards order.

the Minister makes a deferral declaration or a suspension declaration in relation to a minimum standards order; or

the FWC makes a deferral determination or a suspension determination in relation to a road transport minimum standards order.

vary the minimum standards order under subsection 536KQ(1); or

revoke the minimum standards order under subsection 536KQ(1); or

decide not to vary or revoke the minimum standards order.

must not vary or revoke the minimum standards order unless there has been genuine engagement with the parties to be covered; and

in the case of a road transport minimum standards order—must not vary or revoke the road transport minimum standards order unless the Road Transport Advisory Group has been consulted; and

in the case of a road transport minimum standards order—must have regard to the commercial realities of the road transport industry; and

in the case of a road transport minimum standards order—must be satisfied that the variation or revocation of the minimum standards order will not unduly affect the viability and competitiveness of owner drivers or other similar persons; and

in the case of an employee-like worker minimum standards order—must have regard to choice and flexibility in working arrangements.

(a) publish a notice (a notice of intent) stating that the FWC proposes to vary or revoke the road transport minimum standards order; and

if the proposal is to vary the road transport minimum standards order—publish a draft of the road transport minimum standards order as proposed to be varied.

may decide not to publish the information; and

may instead publish:

a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or

if the FWC considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published.

a person or body likely to be affected by the proposed variation or revocation; or

a person or body prescribed by the regulations, or belonging to a class of persons or bodies prescribed by the regulations.

a draft road transport minimum standards order as proposed to be varied;

a proposed revocation of a road transport minimum standards order.

decide not to vary the road transport minimum standards order based on the draft; and

publish a subsequent notice of intent under subsection 536KQT(1)(a) in relation to the revised draft road transport minimum standards order, and publish the revised draft; and

follow the process set out in section 536KQU in relation to the revised draft road transport minimum standards order (with the period of consultation under that section to be no shorter than 12 months starting when the subsequent notice of intent and the revised draft required by paragraph (b) of this subsection were published).

(a) publish a notice (a notice of intent) stating that the FWC proposes to vary or revoke the employee-like worker minimum standards order; and

if the proposal is to vary the employee-like worker minimum standards order—publish a draft of the proposed employee-like worker minimum standards order as proposed to be varied.

may decide not to publish the information; and

may instead publish:

a summary of the information which contains sufficient detail to allow a reasonable understanding of the substance of the information (without disclosing anything that is confidential or commercially sensitive); or

if the FWC considers that it is not practicable to prepare a summary that would comply with subparagraph (i)—a statement that confidential or commercially sensitive information in the submission has not been published.

a person or body likely to be affected by the proposed variation or revocation; or

a person or body prescribed by the regulations, or belonging to a class of persons or bodies prescribed by the regulations.

a draft employee-like worker minimum standards order as proposed to be varied;

a proposed revocation of an employee-like worker minimum standards order.

decide not to vary the employee-like worker minimum standards order based on the draft; and

publish a subsequent notice of intent under paragraph 536KQW(1)(a) in relation to the revised draft employee-like worker minimum standards order, and publish the revised draft; and

follow the process set out in section 536KQX in relation to the revised draft employee-like worker minimum standards order (with the period of consultation under that section to be a period that the FWC is satisfied is reasonable having regard to the unique nature of digital platform work).

on its own initiative; or

on application under section 536KS.

an organisation that is entitled to represent the industrial interests of one or more regulated workers who would be covered by the proposed minimum standards guidelines;

an organisation that is entitled to represent the industrial interests of one or more of the regulated businesses that would be covered by the proposed minimum standards guidelines;

a regulated business that is included in a class of regulated businesses that would be covered by the proposed minimum standards guidelines;

the Minister.

refuse to consider the application; or

make minimum standards guidelines; or

not make minimum standards guidelines; or

if the FWC considers it appropriate to do so, instead make a minimum standards order under subsection 536JY(1) instead, as if the application had been an application under subsection 536JZ(1) for a minimum standards order in relation to the regulated workers covered by the application under subsection 536KS(1).

in the case of employee-like worker guidelines—in section 536KH;

in the case of road transport guidelines—in section 536KJ.

in the case of employee-like worker minimum standards orders and road transport minimum standards orders—in section 536KM;

in the case of employee-like worker minimum standards orders—in section 536KMA;

in the case of road transport minimum standards orders—in section 536KN.

the minimum standards objective; and

if the President considers that the determination might relate to the road transport industry—the road transport objective.

on its own initiative; or

on application under section 536L.

an organisation that is entitled to represent the industrial interests of one or more regulated workers covered by the minimum standards guidelines, or who would be covered by the minimum standards guidelines as proposed to be varied;

an organisation that is entitled to represent the industrial interests of one or more of the regulated businesses covered by the minimum standards guidelines, or that would be covered by the minimum standards guidelines as proposed to be varied;

a regulated business covered by the minimum standards guidelines, or that would be covered by the minimum standards order as proposed to be varied;

the Minister.

unfair deactivation from digital labour platforms of employee-like workers; and

unfair termination of the services contracts of regulated road transport contractors.

to establish a framework for dealing with unfair deactivation of employee-like workers, and unfair termination of regulated road transport contractors, that balances:

the needs of regulated businesses; and

the needs of regulated workers; and

to establish procedures for dealing with unfair deactivation and unfair termination that:

are quick, flexible and informal; and

address the needs of regulated businesses and regulated workers; and

to provide remedies if a deactivation or termination is found to be unfair, with an emphasis on reactivation or reinstatement, as the case requires.

the person is an employee-like worker; and

the person:

performs work through or by means of a digital labour platform operated by a digital labour platform operator; or

performs work under a services contract arranged or facilitated through or by means of a digital labour platform operated by a digital labour platform operator; and

the person has been performing work through or by means of that digital labour platform, or under a contract, or a series of contracts, arranged or facilitated through or by means of the digital labour platform, on a regular basis for a period of at least 6 months.

the person is a regulated road transport contractor; and

a road transport business receives services under a services contract (whether or not the business is a party to the services contract) under which the person performs work in the road transport industry; and

the person has been performing work in the road transport industry under a services contract, or a series of services contracts, under which that road transport business receives services for a period of at least 6 months.

the person has been deactivated from a digital labour platform; and

the deactivation was unfair; and

the deactivation was not consistent with the Digital Labour Platform Deactivation Code.

the person performed digital platform work through or by means of the digital labour platform; and

the digital labour platform operator modified, suspended, or terminated the person’s access to the digital labour platform; and

the person is no longer able to perform work under an existing or prospective services contract, or the ability of the person to do so is so significantly altered that in effect the person is no longer able to perform such work.

whether there was a valid reason for the deactivation related to the person’s capacity or conduct; and

whether any relevant processes specified in the Digital Labour Platform Deactivation Code were followed; and

any other matters that the FWC considers relevant.

the deactivation is constituted by the modification or suspension of the person’s access to the digital labour platform for a period of not more than 7 business days; and

the FWC is satisfied that the digital labour platform operator concerned believes on reasonable grounds that one or more of the matters in subsection (4) is applicable.

that the deactivation of the person is necessary to protect the health and safety of a user of the digital labour platform or member of the community;

that the person has engaged in fraudulent or dishonest conduct including, but not limited to, by misrepresenting or falsifying information provided to the digital labour platform operator;

that the person has not complied with licensing and accreditation requirements imposed by or under a law of the Commonwealth, a State or a Territory, whether:

the requirements relate to the licensing or accreditation of the person; or

the requirements relate to the licensing or accreditation of the digital labour platform operator, and the person’s conduct causes, or may cause, the digital labour platform operator to breach the requirements;

that the deactivation of the person is necessary to enable the digital labour platform operator to do one or more of the following in relation to a matter specified in paragraph (a), (b) or (c):

conduct an investigation;

refer the matter to a law enforcement agency (however described) for the purposes of conducting an investigation.

the circumstances in which work is performed on a regular basis;

matters that constitute or may constitute a valid reason for deactivation;

rights of response to deactivations;

the internal processes of digital labour platform operators in relation to deactivation;

communication between the employee-like worker and the digital labour platform operator in relation to deactivation;

the accessibility in practice of the internal processes of digital labour platform operators in relation to deactivation;

the treatment of data relating to the work performed by employee-like workers.

the person was performing work in the road transport industry; and

the person has been terminated; and

the termination was unfair; and

the termination was not consistent with the Road Transport Industry Termination Code.

the person performed work as a regulated road transport contractor under a services contract; and

a road transport business received services under the services contract; and

the services contract was terminated by, or as a result of conduct of, the road transport business.

whether there was a valid reason for the termination related to the person’s capacity or conduct; and

whether any relevant processes specified in the Road Transport Industry Termination Code were followed; and

any other matters that the FWC considers relevant.

matters that constitute or may constitute a valid reason for termination;

rights of response to terminations;

the internal processes of road transport businesses in relation to a termination;

communication between the regulated road transport contractor and road transport business in relation to a termination.

the FWC is satisfied that the person was protected from unfair deactivation (see section 536LD) at the time of being deactivated; and

the person has been unfairly deactivated (see Division 2).

if the person’s access to the digital labour platform was suspended—by removing the suspension;

if the person’s access to the digital labour platform was terminated—by reinstating the person’s access to the digital labour platform;

by modifying the person’s access to the digital labour platform so that the access is as it was before the person’s access to the digital labour platform was terminated or suspended.

(a) the digital labour platform (the original digital labour platform) from which the person was deactivated no longer exists; and

(b) a similar digital labour platform (the second digital labour platform) is operated by an associated entity of the operator of the original digital labour platform;

the amount of any remuneration earned by the person from work of any kind during the period between the deactivation and the making of the order for reactivation; and

the amount of any remuneration reasonably likely to be so earned by the person during the period between the making of the order for reactivation and the actual reactivation.

the FWC is satisfied that the person was protected from unfair termination (see section 536LE) at the time of being terminated; and

the person has been unfairly terminated (see Division 3).

the FWC is satisfied that entering into a new services contract would be inappropriate; and

the FWC considers an order for payment of compensation is appropriate in all the circumstances of the case.

the road transport business at the time of the termination is no longer a road transport business; and

an associated entity of the road transport business is a road transport business;

the amount of any remuneration earned by the person from work of any kind during the period between the termination and the making of the order that the road transport business enter into a new services contract with the person; and

the amount of any remuneration reasonably likely to be so earned by the person during the period between the making of the order that the road transport business enter into a new services contract with the person and when the new services contract is entered into.