Section 536KH — Fair Work Act 2009: Terms that must be included in an employee-like worker minimum standards order

Terms relating to coverage (1) An employee-like worker minimum standards order must include terms setting out in accordance with this section: (a) the digital platform work covered by the employee-like worker minimum standards order; and (b) the digital labour platform operators covered by the employee-like worker minimum standards order; and (c) the employee-like workers covered by the employee-like worker minimum standards order. (2) An employee-like worker minimum standards order must be expressed to cover: (a) specified digital labour platform operators; and (b) specified employee-like workers who: (i) are engaged through or by means of a digital labour platform operated by a digital platform operator covered by the employee-like worker minimum standards order; or (ii) perform work under a contract arranged or facilitated through or by means of a digital labour platform operated by a digital platform operator covered by the employee-like worker minimum standards order. (3) An employee-like worker minimum standards order must specify the digital labour platform operators that are primarily responsible for providing the entitlements of specified employee-like workers. (4) For the purposes of subsections (1), (2) and (3): (a) digital labour platform operators must be specified by inclusion in a specified class or specified classes; and (b) employee-like workers must be specified by inclusion in a specified class or specified classes. (5) Without limiting the way in which a class may be described for the purposes of subsection (4), the class may be described by reference to a particular industry or sector, or part of an industry or sector, or particular kinds of work.