s 536JY - Commission may make an employee-like worker minimum standards order

Fair Work Act 2009, Chapter 3A - Commission may make employee-like minimum standards order - application from Strategetic Pty Ltd - eligibility under s 536JZ to make application.

• [1] On 5 May 2025, Strategetic Pty Ltd (Strategetic) lodged an application form with the Fair Work Commission (Commission) seeking a minimum standards order to cover employee-like workers who provide passenger transport services through digital rideshare platforms. The form was lodged by Mr Ian Macfarlane on behalf of Strategetic.

• [2] Section 536JZ(1) of the Fair Work Act 2009 (the Act) provides:

(1) Any of the following may apply to the FWC for the making of a minimum standards order:

(a) an organisation that is entitled to represent the industrial interests of one or more regulated workers who would be covered by the proposed minimum standards order;

(b) an organisation that is entitled to represent the industrial interests of one or more of the regulated businesses that would be covered by the proposed minimum standards order;

(c) a regulated business that is included in a class of regulated businesses that would be covered by the proposed minimum standards order;

• [3] On page one of the application form Mr Macfarlane indicated that Strategetic was an organisation entitled to represent the industrial interests of one or more regulated workers who would be covered by the proposed order.

• [4] Under the Act, the term 'organisation' does not take its ordinary meaning. 'Organisation' is defined under section 12 of the Act as 'an organisation registered under the Registered Organisations Act [the Fair Work (Registered Organisations) Act 2009]'.

• [5] Fair Work Commission records indicated that Strategetic was not an organisation registered under the Fair Work (Registered Organisations) Act 2009. Between 13 and 20 May 2025, Commission staff emailed Mr Macfarlane explaining the requirements for standing under the Act and seeking to clarify the issue of eligibility to apply. Mr Macfarlane's responses did not engage with the issue raised in this correspondence, and the application was not withdrawn.

• [6] Given the possibility that Strategetic is a regulated business remained open, the matter was listed for a case management hearing on 29 May 2025 to deal with the issue of Strategetic's eligibility to make an application. At this hearing Mr Macfarlane was informed of the eligibility requirements to make an application for a minimum standards order under the Act and given an opportunity to establish Strategetic's standing to make an application. Mr Macfarlane verbally withdrew the purported application. I accepted the withdrawal pursuant to section 588 of the Act and rule 10(2)(b)(ii) of the Fair Work Commission Rules 2024.

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