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Who must comply with Employee-like worker minimum standards (Closing Loopholes No. 2 2024)?

The applicability test for Employee-like worker minimum standards (Closing Loopholes No. 2 2024) (FWC and FWO), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies only if you operate a digital labour platform. Whether it applies turns on a fact that no industry, structure or size settles on its own.

What the obligation is

FWC can set minimum standards for 'employee-like' workers (gig economy).

Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduces FWC jurisdiction to set minimum standards for 'employee-like' workers in the digital labour platforms sector. Minimum standards include pay, payment terms, deductions, record keeping, insurance + dispute resolution.

The applicability test

Applies only if you operate a digital labour platform. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Digital labour platforms + their workers.

What triggers it: FWC determination of minimum standard.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: no).

The answer is the same in every industry: no. Industry does not change who must comply.

Business structure and size

Structure does not change the answer across all industries: for every structure the answer is "no".

Size does not change the answer across all industries: at every size band the answer is "no".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has contractors and industry: Software & SaaS. It then applies only if you operate a digital labour platform. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due
Per FWC order.
Frequency
Ongoing
Evidence to keep
Compliance with FWC minimum standards orders.
Status
Current
Priority
Critical

Penalty for not complying

Maximum penalty: Civil penalties for breach of FWC orders.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Where it sits in the corpus

Rules Mate tracks 19 published obligations tagged "workplace", 5 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 13 of those apply outright. This obligation is rated critical priority, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Fair Work Commission and Fair Work Ombudsman.

FWC: National workplace relations tribunal. Sets modern awards and the national minimum wage, resolves unfair dismissal and general protections disputes, and registers enterprise agreements.

FWO: Enforces compliance with the Fair Work Act, awards, and agreements. Investigates underpayments, brings civil penalty proceedings, and publishes compliance notices.

FW Act: Federal workplace relations Act.

Free tools that help with this obligation:

Questions

Who must comply with Employee-like worker minimum standards (Closing Loopholes No. 2 2024)?
Applies only if you operate a digital labour platform. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Does Employee-like worker minimum standards (Closing Loopholes No. 2 2024) apply to sole traders?
No. Across every industry and every size band, the engine's answer for a sole trader is: no.
Does Employee-like worker minimum standards (Closing Loopholes No. 2 2024) apply to businesses with 1–5 employees?
No (1–5 employees, turnover $100K–$1M).
When is "Employee-like worker minimum standards (Closing Loopholes No. 2 2024)" due?
Per FWC order.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.