Understand how the law defines regulated workers and businesses.
On this page:
Commences 26 August 2024
We can consider applications for regulated worker and contractual chain standards from 26 August 2024 or sooner by proclamation.
Regulated workers
There are two types of regulated worker:
- an employee-like worker
- a regulated road transport contractor
A road transport employee-like worker is an employee-like worker who performs work in the road transport industry.
Regulated workers are engaged under a services contract to perform work. This means they are independent contractors, not employees.
Employee-like workers
Employee-like workers perform paid work through a digital labour platform. They are not employees. To be a regulated worker they must have at least two of the following;
- low bargaining power
- remuneration at or below the rate received by an employee doing comparable work
- a low degree of authority over the performance of work.
Regulated road transport contractors
Regulated road transport contractors;
- perform work in the road transport industry
- are not employee-like workers in the digital platform gig economy.
They are not employees.
Road transport employee-like workers are:
- employee-like workers
- who perform work in the road transport industry.
This table sets out the key features of the different kinds of regulated worker as defined by the Fair Work Act.
Requirement | Employee-like worker (defined in s15P) | Road transport employee-like worker (defined in s15RB) | Regulated road transport contractor (defined in s15Q) |
---|---|---|---|
Must be party to a services contract defined in s15H. | Yes | Yes | Yes |
Performs all or significant majority of the work under the services contract. | Yes | Yes | Yes |
Must not be an employee - s15AA overrides common law. | Yes | Yes | Yes |
Must perform digital platform work defined in s15N. | Yes | Yes | |
Must satisfy 2 or more of the following:
| Yes | Yes | |
In the road transport industry defined in s15S. Picks up definitions from Awards:
| Yes | Yes | |
Is not an employee-like worker. | Yes |
Regulated businesses
Regulated businesses can be either:
- a digital labour platform operator
- a road transport business.
A digital labour platform operator operates a digital labour platform. A road transport business receives services under a contract providing for work in the road transport industry