Workplace Relations Minister Brooke van Velden is moving to reform the highly problematic Holidays Act while making other changes and clarifications to employment law.
Having already reversed Fair Pay Agreement legislation and reinstated 90-day trials, the Minister has moved onto the Holidays Act, and introduced a new gateway test to help define the role of contractors in the workplace. This was introduced ahead of any court decisions on the Uber case and defines contractors by the following tests:
A written agreement with the worker, specifying they are an independent contractor not an employee.
The business does not restrict the worker from working for another business (including competitors), except while they are completing paid work for that business.
The business does not require the worker to be available to work on specific times of day or days, or for a minimum number of hours OR the worker can sub-contract the work.
The business does not terminate the contract if the worker does not accept an additional task or engagement (beyond what they have already agreed to do under the existing contract).
Work is underway to progress these changes through an Employment Relations Amendment Bill, which will probably be introduced in 2025.