Fair Work Act 2009

The Minister must, by legislative instrument, make code to be known as the Digital Labour Platform Deactivation Code.

Without limiting the matters covered by the Digital Labour Platform Deactivation Code, the code must deal with the following matters:

the circumstances in which work is performed on a regular basis;

matters that constitute or may constitute a valid reason for deactivation;

rights of response to deactivations;

the internal processes of digital labour platform operators in relation to deactivation;

communication between the employee‑like worker and the digital labour platform operator in relation to deactivation;

the accessibility in practice of the internal processes of digital labour platform operators in relation to deactivation;

the treatment of data relating to the work performed by employee‑like workers.

Before the Minister makes a code under subsection (1), the Minister must be satisfied that there has been such public consultation in relation to the development of the code as the Minister considers appropriate.

The Minister may, by legislative instrument, vary or revoke the Digital Labour Platform Deactivation Code.

Before the Minister varies or revokes the Digital Labour Platform Deactivation Code under subsection (2B), the Minister must be satisfied that there has been such public consultation in relation to the variation or revocation as the Minister considers appropriate.

Subsection (2C) does not apply in relation to a variation if the Minister considers the variation is minor or technical.

A person’s deactivation was consistent with the Digital Labour Platform Deactivation Code if, at the time of the deactivation, the digital labour platform operator complied with the Digital Labour Platform Deactivation Code in relation to the deactivation.