Platform worker minimum standards and unfair deactivation remedies — the new Closing Loopholes rules
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.
Overview of the new Closing Loopholes scheme — platform worker minimum standards and remedies
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.
What this guide covers and what it does not
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.
Applying for an unfair deactivation hearing at the FWC
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.
FWC deactivation hearing ≠ FWO unpaid wages channel
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.
- Immediately capture the deactivation notice screen, email, and app message, and keep them together with the date and reason.
What to prepare before applying and confirming you're covered
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".
- Work history: in-app records and payment statements showing which platform, from when, and how frequently and regularly you worked.
- Deactivation evidence: the date and reason of the deactivation notice, whether there was prior warning, and records of your request to respond and the platform's reply.
Which situation is mine — four cases
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.
Step-by-step tips for the application process
The actual application and hearing proceed in the following order. Managing your records and deadlines, rather than reacting emotionally, determines the outcome.
- Immediately after the deactivation, save and back up all notices, conversations, and payment screens in chronological order (preserve screenshots and original emails).
- Check whether you're covered and the application deadline and form on the official FWC and FWO pages, and if anything is unclear, ask the inquiry channel.
- In the application, set out the facts concisely in chronological order and clearly state the remedy you seek (for example, reinstatement of your account).
Common misunderstandings and mistakes
Below are misunderstandings that platform workers often experience. Knowing them in advance keeps you from missing out on your rights.
- Confusing the avenues: only inquiring with the FWO (which handles wages) about a deactivation issue and missing the FWC application deadline. The two avenues have different roles.
- Confusing it with the classification issue: getting stuck only on the "am I a contractor or an employee" debate. Minimum standards and deactivation remedies proceed separately within the employee-like framework (see the gig work guide for classification).
Useful official links
- Fair Work Commission(opens in a new window)
Fair Work Commission — the main guidance on minimum standards for regulated, employee-like workers and unfair deactivation hearings.
- Fair Work Ombudsman(opens in a new window)
Fair Work Ombudsman — general information and an inquiry channel on pay, working conditions, and gig work.
- Fair Work Ombudsman — 독립계약자·긱 노동 안내(opens in a new window)
FWO independent contractor and gig work guidance — an official page summarising your rights and how to get help.