Types of regulated worker minimum standards

 The different types of workers and contractors are detailed on About regulated workers and businesses.

Our implementation report confirmed that cases related to making standards will be allocated to the Commission’s President. The President will constitute either a Full Bench (for employee-like minimum standards matters) or Expert Panel (for road transport minimum standards matters) to hear these cases.    

Road transport minimum standards orders must be dealt with by an Expert Panel for the Road Transport Industry. The President may also direct an Expert Panel to deal with an employee-like minimum standards matter. This will only happen if road transport employee-like workers are impacted. 

The difference between orders and guidelines

Orders are legally binding whereas guidelines are not.  

Minimum standards orders create rights and obligations. These will apply to the regulated workers and businesses set out in the order. The orders are legally enforceable.  

The Fair Work Ombudsman is responsible for monitoring and investigating compliance with an order. Penalties may apply if an order is not complied with.

How we must consult before making an order  

We must genuinely engage with those who will be affected before we make or vary an order. This includes consulting or engaging with:

• regulated workers covered by the order
• regulated businesses covered by the order
• people and bodies likely to be affected by the order.

We must also publish a notice of our intention to make an order and a draft order for comment before making one.  

Additional consultation requirements apply to road transport minimum standards orders. This includes requirements to consult with the Road Transport Advisory Group and about when we must give notice of an intention to make an order and when an order can take effect (generally 12 months from the notice).  

See how we must consult about regulated worker minimum standards.