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From no later than 26 August 2024, there will be a new framework for protecting the interests of certain workers in the gig economy, who are called “employee-like workers”. These workers perform work through a digital labour platform and may have low bargaining power, low pay and little say in how they perform their work.

The Fair Work Commission will be able to set minimum standards by making orders, and will be able to make guidelines. They will also be able to deal with disputes on the unfair deactivation of an employee-like worker from a digital labour platform.

Unions that are registered organisations representing employee-like workers will be able to make collective agreements with digital labour platform operators.

Independent contractors who earn less than the contractor high income threshold, including employee-like workers, will be able to apply to the Commission if they think their services contract contains unfair terms. The contractor high income threshold is yet to be set.

Similar rules and processes will also apply to independent contractors in the road transport industry.