Section 536JX — Fair Work Act 2009: The minimum standards objective

In performing a function or exercising a power under this Part, the FWC must take into account the need for an appropriate safety net of minimum standards for regulated workers, having regard to the following: (a) the need for standards that: (i) are clear and simple; and (ii) are fair and relevant; and (iii) recognise the perspectives of regulated workers, including their skills, the value of the work they perform and their preferences about their working arrangements; and (iv) do not change the form of the engagement of regulated workers from independent contractor to employee; and (v) do not give preference to one business model or working arrangement over another; and (vi) are tailored to the relevant industry, occupation or sector and the relevant business models; and (vii) are tailored to the type of work, working arrangements and regulated worker preferences; and (viii) reflect the differences in the form of engagement of regulated workers as independent contractors to the form of engagement of employees; and (ix) 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; (b) in addition to the other matters provided for in this subsection, the need for standards that deal with minimum rates of pay that: (i) take into account costs necessarily incurred by regulated workers directly arising from the performance of a services contract; and (ii) take into account safety net minimum standards that apply to employees performing comparable work; and (iii) do not change the form of the engagement of regulated workers; (c) the need to avoid unreasonable adverse impacts upon the following: (i) sustainable competition among industry participants; (ii) business costs, regulatory burden, sustainability, innovation, productivity or viability; (iii) administrative and compliance costs for industry participants; (iv) the national economy; (v) 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; (d) the need to consider other orders or instruments (however described) made under this Chapter and to avoid unnecessary overlap of such orders or instruments. This is the minimum standards objective.