Update on amendments to the Fair Work Regulations 2009
23 August 2024
Amendments have been made to the Regulations to address elements of the Closing Loopholes changes.
As a member of the Australian Chamber of Commerce and Industry (ACCI), AMCA provides input into ACCI policy positions and advocacy activities. As such, we are pleased to provide you with an update on amendments to the Fair Work Regulations 2009 (the Regulations).
Contractor High Income Threshold
The Contractor High Income Threshold has been set at $175,000. The contractor high income threshold has a range of applications as a result of the Closing Loopholes changes:
- A worker must be earning less than the Contractor High Income Threshold to make an application for an unfair deactivation from a digital platform.
- A worker must be earning less than the Contractor High Income Threshold to make an application for an unfair termination of a services contract.
- A worker must be earning less than the Contractor High Income Threshold to make an application relating to an unfair contract term.
- A worker must be earning more than the Contractor High Income Threshold to ‘opt out’ of the new definition of ‘employee’.
The threshold mirrors the Employee High Income Threshold, and similarly adopts a method of calculation for each subsequent year.
AMCA and ACCI’s position, that has been communicated to the Department of Employment and Workplace Relations, is that the Contractor High Income threshold is a blunt tool with too many applications to be effectively set at one figure. It should have been drafted in such a way that prescribed a calculation method for each application.
We welcome feedback from AMCA members about any issues you encounter with the Contractor High Income Threshold, to help shape our future advocacy work.
Additional amendments to the Regulations
Additional amendments have been made to the Regulations to address elements of the Closing Loopholes changes. Namely:
- set out a non-exhaustive list of the types of conduct constituting serious misconduct in relation to regulated workers;
- exempt the livestock industry, including transporting or otherwise dealing with livestock, from the road transport jurisdictions;
- specify that the FWC cannot include terms in a road transport minimum standards order (RTMSO) or road transport contractual chain order (RTCCO) relating to matters otherwise comprehensively dealt with by the Road Traffic (Vehicles) Act 2012 (WA) and the Traffic Act 1987 (NT);
- prescribe a schedule of costs for unfair deactivation and unfair termination matters;
- prescribe the FWC application fee for unfair deactivation, unfair termination and unfair contract term applications;
- deal with interactions with State and Territory laws for the new regulated workers and road transport contractual chains jurisdictions;
- specify other proceedings that cannot be progressed at the same time as an unfair deactivation or unfair termination proceeding; and
- specify provisions under the Competition and Consumer Act 2010 that are considered other review proceedings for the purposes of the unfair contract term jurisdiction.
We also highlight the definition of ‘serious misconduct’, and note the Regulations have in effect replicated the definition of ‘serious misconduct’ that applies to employees. AMCA and ACCI called for the specific mention of repeated or serious driving offences to be included, however, this was not included.
We welcome any issues you encounter with the Regulations to help shape our future advocacy work.
More information
The following documents have been issued by the Minister for Employment and Workplace Relations:
If you have any questions regarding Workplace Relations, call the AMCA Workplace Relations Adviser on 1300 475 615 or send an email.
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