New protections for gig workers

The NSW Small Business Commission has previously been contacted by contractors raising concerns about losing access to digital platforms which help them earn an income. New protections may be able to assist where contractors are employee-like.  

The Fair Work Digital Labour Platform Deactivation Code (the Code), which came into effect on 25 February 2025, introduces new protections for participants in the gig economy.  

The new national Code will ensure contractors who rely on digital platforms for income have fair processes for account deactivation and access to dispute resolution mechanisms. 

What the new Code means 

The Code sets minimum procedural requirements that platforms must follow before deactivating workers who regularly rely on gig work for their livelihood. Key provisions include: 

• Advance warnings required – Platforms must provide notice before deactivation in most cases, giving workers a chance to respond or remedy any issues. 
• Fair process for disputes – Workers have the right to challenge unfair deactivations, including the ability to request a review and provide evidence before their account is permanently removed. 
• Clear communication of reasons – Platforms must clearly explain the reason for deactivation in writing, outlining any alleged breaches of policy, complaints, or performance concerns. 

To be eligible for protection you must be: 

• Classified as an employee-like worker, meaning you work through the platform regularly and rely on it as a primary or significant source of income. 
• Have performed work through a digital labour platform on a regular basis for at least six months (from 26 August 2024). 
• Be deactivated for a reason related to conduct or capacity while performing work through the platform. 

The digital platform operator must follow the deactivation process outlined in the Code and a deactivation warning must be given with an opportunity to respond, unless the reason for deactivation falls under specific exceptions (e.g., immediate health and safety risks, fraud, law enforcement referral).  

A worker may also challenge a deactivation if the reason is not valid under the Code. For example, deactivations may be considered unfair if: 

• a complaint leads to deactivation without evidence or investigation 
• if performance metrics have not been clearly communicated 
• for unclear policy violations where a rule was not communicated or applied consistently. 

If a worker is deactivated without receiving a proper warning or preliminary notice, they may be eligible for reinstatement. 

If a worker believes their deactivation was unfair and they have not been able to resolve it with the digital platform, they can make an application to the Fair Work Commission for unfair deactivation. This application must be made within 21 days of the deactivation. 

If you or someone you know has been affected by unfair account deactivation, visit our Digital Platforms Hub for guidance on navigating disputes and seeking support. 

For more information on your rights under the Code visit:  

• Fair Work Ombudsman - Employee-like workers - Fair Work Ombudsman 
• Fair Work Commission - Unfair deactivation for regulated workers | Fair Work Commission