Section 15KA — Fair Work Act 2009: Specific provision about the effect of certain provisions in determining whether a person is an employee or an employer

(1) For the purposes of ascertaining the real substance, practical reality and true nature of the relationship between an individual and a person, any steps taken by a digital labour platform operator to comply with its obligations under any of the following in relation to the individual are to be disregarded: (a) Part 3A-3; (b) the Digital Labour Platform Deactivation Code; (c) an order made under, or for the purposes of, Chapter 3A. (1A) For the purposes of ascertaining the real substance, practical reality and true nature of the relationship between an individual and a person, any steps taken by a road transport business to comply with its obligations under any of the following in relation to the individual are to be disregarded: (a) Part 3A-3; (b) the Road Transport Industry Termination Code; (c) an order made under, or for the purposes of, Chapter 3A. (2) An employee-like worker to whom an employee-like worker minimum standards order applies in relation to particular digital platform work is not an employee of any person in relation to that work. (3) A regulated road transport contractor to whom a road transport minimum standards order applies in relation to particular work in the road transport industry is not an employee of any person in relation to that work.