On 26 August 2024, the Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 (Cth) inserted provisions in the Fair Work Act 2009 (Cth) relating to independent contractors who are engaged in the road transport industry. The amendments empower the Fair Work Commission to deal with disputes over whether an eligible regulated road transport contractor’s service contract has been unfairly terminated.
On 5 December 2024, the Minister for Employment and Workplace Relations registered the Road Transport Industry Termination Code (Code). Whether or not a road transport business has complied with the Code in terminating a contractor’s service contract is a relevant consideration for the Fair Work Commission in the context of determining unfair termination applications by regulated road transport contractors.
This member advice sets out the role of the Code in the unfair termination framework and provides an overview of the key elements.
Ai Group has also prepared a brief video for members explaining the unfair termination jurisdiction more broadly.
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