Understand how the law defines regulated workers and businesses.
On this page:
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