Upcoming Changes to Regulated Worker Protections – What You Need to Know

New protections for regulated workers are on the horizon

If you’re a regulated worker or an employer with regulated workers, there’s a significant shift coming your way. The Fair Work Commission (FWC) has just announced crucial updates to the protections for regulated workers, effective from 26 August 2024. But, hold your horses – while these laws are set to kick in soon, you won’t be able to make claims until February 2025.

So, what does this mean for you? Let’s break it down.

What are regulated workers?

Regulated workers include individuals who work in the gig economy or other platforms where work arrangements are often informal, flexible, and typically not governed by traditional employment laws. Think of your Uber drivers, food delivery riders, and freelance professionals – these are examples of regulated workers.

New Protections: Unfair deactivation and unfair termination laws

Starting from 26 August 2024, regulated workers will be covered by new unfair deactivation and unfair termination laws. This means that if a worker believes they’ve been unfairly deactivated (like having their account or access to work suddenly cut off) or unfairly terminated, they’ll have a framework to seek justice.

But here’s the kicker – while the laws come into effect in August, workers won’t be able to apply to the FWC for assistance until 26 February 2025. So, there’s a six-month window where the laws are active, but claims can’t yet be made. This period will likely serve as a transition phase, allowing both workers and employers to get familiar with the new regulations.

Why this matters

For workers, this is a significant step forward in securing rights and protections in an industry that has long operated in a grey area of the law. For employers and platform operators, it’s time to review your deactivation and termination processes to ensure they’re fair, transparent, and compliant with the upcoming regulations.

FWC’s Video Breakdown

The Fair Work Commission has also released a video to help everyone understand these changes. Here’s a quick summary of what’s covered:

1. Introduction to the new laws: The video kicks off with a clear explanation of the new unfair deactivation and termination protections, providing examples of scenarios where these might apply.
2. Understanding “Regulated Workers”: It defines who qualifies as a regulated worker, emphasising the importance of these protections in industries where traditional employment rights don’t fully apply.
3. Timeline for claims: The video stresses the importance of the 26 February 2025 date, explaining why this window exists and what workers and employers should do in the meantime.
4. Steps to take now: Employers are encouraged to begin reviewing their policies and workers are advised to stay informed about their rights under these new laws.

You can watch the video here: FWC Regulated Workers Protections.

Final thoughts

As a straight-talking HR Consultant, I can’t stress enough the importance of staying ahead of these changes. Whether you’re a worker or an employer, now is the time to get your ducks in a row. Review your practices, understand your rights, and be ready for February 2025 when the FWC will start processing claims under these new protections.

Stay informed, stay compliant, and as always, I’m here to help if you need further advice on navigating these changes.

Written by Emily Jaksch