Fair Work Act 2009

the need for standards that:

are clear and simple; and

are fair and relevant; and

recognise the perspectives of regulated workers, including their skills, the value of the work they perform and their preferences about their working arrangements; and

do not change the form of the engagement of regulated workers from independent contractor to employee; and

do not give preference to one business model or working arrangement over another; and

are tailored to the relevant industry, occupation or sector and the relevant business models; and

are tailored to the type of work, working arrangements and regulated worker preferences; and

reflect the differences in the form of engagement of regulated workers as independent contractors to the form of engagement of employees; and

have regard to the ability of regulated workers to perform work under services contracts for multiple businesses, and the fact that the work may be performed simultaneously;

in addition to the other matters provided for in this subsection, the need for standards that deal with minimum rates of pay that:

take into account costs necessarily incurred by regulated workers directly arising from the performance of a services contract; and

take into account safety net minimum standards that apply to employees performing comparable work; and

do not change the form of the engagement of regulated workers;

the need to avoid unreasonable adverse impacts upon the following:

sustainable competition among industry participants;

business costs, regulatory burden, sustainability, innovation, productivity or viability;

administrative and compliance costs for industry participants;

the national economy;

persons or bodies that use or rely on the work performed by regulated workers, or the services received under services contracts for the performance of that work;

the need to consider other orders or instruments (however described) made under this Chapter and to avoid unnecessary overlap of such orders or instruments.