Guidance, based on official Australian sources, on minimum standards orders for people working as employee-like workers on digital platforms such as delivery and rideshare, and on how to challenge a sudden deactivation at the Fair Work Commission.
Through the labour law reforms known as Closing Loopholes (the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and 2024), Australia has newly defined the employee-like worker — someone who works in a way similar to an employee on digital platforms such as delivery and rideshare. These workers sit in a middle ground that is neither a traditional "employee" nor a "genuine independent contractor", and the scheme now lets the Fair Work Commission (FWC) make a minimum standards order that applies to them. A minimum standards order can set a floor for certain conditions such as pay, insurance, cost-bearing, and consultation processes. A new avenue has also been created to challenge a sudden unfair deactivation at the FWC. However, since the detailed eligibility, coverage, amounts, and deadlines are still being refined and amended as a new scheme, always confirm the latest content on the official pages below.
This guide focuses on "the minimum standards received by a platform worker who can already be regarded as an employee-like worker" and "the process for challenging an unfair deactivation at the FWC". By contrast, the question of determining whether you are an employee or an independent contractor (your status), ABN registration, the GST threshold, sham contracting, and tax and registration matters such as PAYG, BAS, vehicle logbooks, and self-funded super, are not within the scope of this guide and are covered in a separate "gig work ABN / independent contractor" guide. If your classification is unclear, first confirm your status through that guide and advice from the Fair Work Ombudsman and a professional, then use the minimum standards and remedy processes here.
Platforms often suspend or block accounts (deactivation) without warning, cutting off work suddenly. Since Closing Loopholes, a platform worker who meets certain requirements (a regulated worker) can apply for a hearing at the Fair Work Commission (FWC) if they believe the deactivation was harsh, unjust, or unreasonable. The FWC considers, against each platform's Digital Labour Platform Deactivation Code (the standard for deactivation processes), whether the deactivation process was fair and whether there was prior notice and an opportunity to respond. Depending on the outcome, reinstatement of the account or other remedies may be granted. Don't treat eligibility, deadlines, and the scope of remedies as fixed — confirm them on the official FWC guidance.
Don't confuse the avenues. An unfair deactivation hearing is a separate process handled by the Fair Work Commission (FWC). By contrast, unpaid wages or exploitation such as unpaid rates or entitlements go to the Fair Work Ombudsman (FWO), and an ordinary employee's unfair dismissal is another FWC process. For wage issues, refer to the separate "unpaid wages / unfair dismissal (FWO)" guide and the "responding to migrant worker exploitation" guide; to challenge the deactivation itself, you must go to the FWC. If wage and deactivation issues overlap, check both avenues separately.
If the deadline passes, the hearing itself may become difficult to pursue. Confirm the exact application deadline and any exceptions against the latest standards on the official FWC guidance — this guide does not assert a specific number of days.
Sorting out whether you're covered and what materials you need before applying makes the process much smoother. The key is work records that show "how and how much you worked on the platform", and evidence that shows "how the deactivation was notified and handled".
Whether you're covered (for example, minimum working period, regularity, etc.) and the documents required may vary by scheme and platform. If unsure, ask the FWC or FWO guidance, or Legal Aid or a union, first.
The scheme that applies and the avenue to approach differ depending on the form of gig work. Use the four cases below to get a rough sense of direction, but always confirm the final judgement through the official guidance.
If your account was deactivated while working as an employee-like worker on a food or goods delivery app, consider the path of applying for an unfair deactivation hearing at the FWC.
If your account was suddenly blocked on a passenger transport platform, likewise check whether you fall under the FWC unfair deactivation process. The fare and fee structure itself is an area of the minimum standards order discussion.
A regulated road transport contractor in the freight and transport industry may be subject to a separate set of road transport minimum standards and an unfair contract termination scheme, so the avenue and standards differ from platform delivery.
If not only the deactivation but also below-minimum pay, cash payments, or unpaid entitlements are involved, consider splitting the matter — deactivation to the FWC and wage issues to the FWO — and lodging each separately.
The actual application and hearing proceed in the following order. Managing your records and deadlines, rather than reacting emotionally, determines the outcome.
Below are misunderstandings that platform workers often experience. Knowing them in advance keeps you from missing out on your rights.
Fair Work Commission — the main guidance on minimum standards for regulated, employee-like workers and unfair deactivation hearings.
Fair Work Ombudsman — general information and an inquiry channel on pay, working conditions, and gig work.
FWO independent contractor and gig work guidance — an official page summarising your rights and how to get help.
Fair Work Commission — the detailed page on the scheme for regulated workers (gig and road transport).
TIS National — the government's free interpreting service (use it when taking part in the process or making inquiries).
The Fair Work Commission (FWC) can now make a minimum standards order for an employee-like worker — someone who works in a way similar to an employee — and a new avenue has been created to challenge a sudden unfair deactivation at the FWC. Because this is a new scheme, the exact people and conditions it covers are still being refined, so check the official FWC pages.
Challenging the deactivation itself is done through an unfair deactivation hearing at the Fair Work Commission (FWC). Money issues such as unpaid rates or entitlements go to the Fair Work Ombudsman (FWO) instead. The two avenues have different roles, so don't confuse them. Since the application deadline may be short, it is safest to check the deadline first.
The exact application deadline is set according to the scheme and circumstances, and this guide does not assert a specific number of days. Because the deadline may be short, it is safest to check the latest deadline on the official FWC guidance immediately after a deactivation and prepare quickly. If you miss the deadline, the hearing itself may become difficult to pursue.
Using an ABN does not automatically exclude you. This scheme targets employee-like workers who sit between an "employee" and a "genuine independent contractor". However, determining which category (status) you fall into is a separate question — check that first not through this guide, but through the "gig work ABN / independent contractor" guide and advice from the Fair Work Ombudsman and a professional.
A minimum standards order is a regulatory tool that can set a floor for certain conditions such as pay, insurance, cost-bearing, and consultation processes. Which platforms and sectors get which content, and when it applies, is decided by the FWC through a process that is still ongoing, so don't assume specific amounts or items — check the official FWC pages.
A regulated road transport contractor in the road transport industry may be subject to a separate set of road transport minimum standards and an unfair contract termination scheme, so the standards and avenue may differ from a delivery platform's unfair deactivation hearing. Refer to the FWC guidance for the detailed distinctions.
Yes. You can take part in the process using the free interpreting service (TIS National), and for complex or high-value matters you can get free or low-cost help from Legal Aid or a relevant union. Any gig worker from any background — working holiday, student, and others — can use these.
