This update explores the Fair Work Commission (FWC)’s new powers under the Fair Work Act 2009 (Cth) to address unfair contract terms in services contracts involving independent contractors.
The article highlights:
- The recent application in the FWC by gig economy worker and Uber driver Somphong Thongkhamchanh, and other unfair contract term applications lodged in the FWC to date
- Eligibility criteria for making an application
- The FWC’s considerations in determining unfair contract terms and classifying a workplace relations matter
- Practical considerations for organisations engaging independent contractors
As case law continues to evolve, we recommend that organisations review their contractor agreements to mitigate risk.
If you have any questions or would like tailored advice on how these developments may affect your organisation, please do not hesitate to contact our Labour & Employment team.