This statement published by the Fair Work Commission on 12 August 2024 is about its jurisdiction concerning unfair deactivation and unfair termination from digital labour or gig
platforms defined in part by the International Labour Organization as including “both web-based platforms, where work is outsourced through an open call to a geographically dispersed crowd (“crowdwork”), and location-based applications (apps) which allocate work to individuals in a specific geographical area”
“If you have been unfairly deactivated from a digital labour platform or unfairly terminated you may be able to apply to us for help resolving the problem.
We can grant (order) a remedy in your case if:
you were protected by law from unfair deactivation or unfair termination when the deactivation or termination happened, and
we believe (are satisfied) that you have been unfairly deactivated or unfairly terminated.
Who can apply
From 26 February 2025, you can apply (are eligible) for an unfair deactivation or an unfair termination remedy if:
you are protected by law from unfair deactivation or unfair termination, and
you were unfairly deactivated or unfairly terminated on or after 26 August 2024, and
your yearly earnings are less than the contractor high income threshold.
You must also have:
worked on a regular basis for a period of at least 6 months (for deactivation), or
worked in the road transport industry under a services contract or a series of contracts for a period of at least 6 months (after 26 August 2024).
Note: work performed before the laws start on 26 August 2024 does not count towards the 6 months. These laws only apply to a deactivation or termination that happens on or after 26 August 2024.
Contractor high income threshold
Content
The contractor high income threshold has not been set yet. We will publish details here when they are available.”