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The Regulation of Employee-Like Workers Under the Fair Work Act

On Wednesday the 14th of August 2024, the Centre for Labour Relations and Employment Law (CELRL) at Melbourne Law School hosted a seminar on the regulation of employee-like workers under the Fair Work Act, presented by Commissioner Oanh Thi Tran (Fair Work Commission) and Professor Sean Cooney (Melbourne Law School). Historically, gig workers have largely sat outside the protective ambit of the Fair Work Act 2009 (Cth) due to their independent contractor status. However, this regulatory model is set to undergo a radical transformation as a result of the Closing Loopholes reforms. From 26 August 2024, a set of statutory interpretation principles relating to the definition of employment will come into play. At the same time, the Fair Work Commission will be granted new powers to regulate ‘employee-like workers’ in the gig economy. In this Labour Law Seminar, Commissioner Oanh Thi Tran – who has been appointed Deputy National Practice Lead for the gig economy within the Fair Work Commission – reflected on the processes being put in place in anticipation of the Commission’s new jurisdiction to regulate ‘employee-like workers’ in Australia. Commissioner Tran was joined by Professor Sean Cooney who shared his insights into Australia’s regulatory model based on his extensive research on digital labour platforms while working at the International Labour Organisation.