Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 536JX

    In performing a function or exercising a power under this Part, the FWC must take into account the need for an appropriate safety net of minimum standards for regulated workers, having regard to the following:

  (a)   the need for standards that:

  (i)   are clear and simple; and

  (ii)   are fair and relevant; and

  (iii)   recognise the perspectives of regulated workers, including their skills, the value of the work they perform and their preferences about their working arrangements; and

  (iv)   do not change the form of the engagement of regulated workers from independent contractor to employee; and

  (v)   do not give preference to one business model or working arrangement over another; and

  (vi)   are tailored to the relevant industry, occupation or sector and the relevant business models; and

  (vii)   are tailored to the type of work, working arrangements and regulated worker preferences; and

  (viii)   reflect the differences in the form of engagement of regulated workers as independent contractors to the form of engagement of employees; and

  (ix)   have regard to the ability of regulated workers to perform work under services contracts for multiple businesses, and the fact that the work may be performed simultaneously;

  (b)   in addition to the other matters provided for in this subsection, the need for standards that deal with minimum rates of pay that:

  (i)   take into account costs necessarily incurred by regulated workers directly arising from the performance of a services contract; and

  (ii)   take into account safety net minimum standards that apply to employees performing comparable work; and

  (iii)   do not change the form of the engagement of regulated workers;

  (c)   the need to avoid unreasonable adverse impacts upon the following:

  (i)   sustainable competition among industry participants;

  (ii)   business costs, regulatory burden, sustainability, innovation, productivity or viability;

  (iii)   administrative and compliance costs for industry participants;

  (iv)   the national economy;

  (v)   persons or bodies that use or rely on the work performed by regulated workers, or the services received under services contracts for the performance of that work;

  (d)   the need to consider other orders or instruments (however described) made under this Chapter and to avoid unnecessary overlap of such orders or instruments.

This is the minimum standards objective .