Awards, wages, labour hire and gig work. Four ways minimum pay is set.

1. For anything other than wages, the Commission may vary, make or revoke a modern award only "if the FWC is satisfied that making the determination or modern award is necessary to achieve the modern awards objective" (s 157(1)).
2. The modern awards objective is a "fair and relevant minimum safety net of terms and conditions", taking into account the matters in s 134(1). They include:

1. the need to improve access to secure work (s 134(1)(aa));
2. the need to achieve gender equality, including by eliminating gender-based undervaluation of work (s 134(1)(ab));
3. the need to encourage collective bargaining (s 134(1)(b));
4. the need for additional pay for overtime, unsocial hours, weekend and public holiday work and shifts (s 134(1)(da));
5. the likely impact on business, employment costs, employment growth, inflation and the national economy (s 134(1)(f), (h)).

1. "Necessary" means more than desirable. "That which is necessary must be done. That which is desirable does not carry the same imperative for action" (Shop, Distributive and Allied Employees Association v National Retail Association (No 2) [2012] FCA 480 at [46]).
2. The exercise is evaluative: the safety net qualities "are broadly conceived and will often involve competing value judgments about broad questions of social and economic policy" (Shop, Distributive and Allied Employees Association v The Australian Industry Group [2017] FCAFC 161 at [48]-[49]).
3. Penalty and overtime rates cannot be reduced, and an award cannot trade them away for something else if that would reduce the extra pay (s 135A(1)).
4. Award minimum wages can be changed outside the annual wage review only for work value reasons (s 157(2)), to correct an error or ambiguity (s 160), or on a referral from the Australian Human Rights Commission (s 161): s 135(1).

The s 158(1) table sets out who may apply. For a union:

1. to vary an award's terms, an organisation covered by the award, or one "entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award" (item 1);
2. to widen an award's coverage, an organisation that would become covered, or one entitled to represent employees who would become covered (item 3);
3. to make a new award, an organisation entitled to represent employees who would be covered (item 7);
4. to fix an error or ambiguity, an organisation covered by the award or entitled to represent covered employees (s 160(2)).

A state-registered union with no federal registration is not an "organisation" and cannot apply under s 158.

1. The union lodges form F46 (application to vary a modern award). The F46 asks the applicant to explain how the variation is necessary to achieve the modern awards objective, and the minimum wages objective if it applies.
2. The Commission is usually constituted by a Full Bench. The President may direct a single Member to make a variation (note 1 to s 157(1)). An Expert Panel must deal with some applications, including a variation that might relate to the Care and Community Sector (s 617(8)) or the road transport industry (s 617(10B)), and a wages determination involving substantive gender pay equity matters (s 617(6), (9)).
3. The Commission may also act on its own initiative (s 157(3)(a)). In that case unions take part as interested parties.
4. No permission is needed for a lawyer or paid agent to make written submissions in an award matter (s 596(3)), or to take part in a conference or hearing in a Part 2-3 matter, unless the Commission directs otherwise (Fair Work Commission Rules 2024 r 13(2)(a)(i), (3)). A union's own officers and employees need no permission in any case (s 596(4)(b)(i)).

1. A variation other than of minimum wages operates from the day specified. It cannot be earlier than the day it is made, unless it is a s 160 variation (error or ambiguity) and there are exceptional circumstances (s 165(1), (2)). It applies to an employee from the first full pay period starting on or after that day (s 165(3)).
2. A work value variation of minimum wages ordinarily operates from 1 July in the next financial year, but the Commission may specify another day and phase it in (s 166).
3. If a variation is back-dated, a court cannot impose a penalty for past conduct that breaches the award only because of the back-dating, but it can still order back pay (s 167(3) and note 1).

On 2 June 2026 the Expert Panel decided (Annual Wage Review 2026 [2026] FWCFB 3500):

The Panel also decided to phase out the C13 award classification level in three stages, so that the C12 level becomes the lowest rate for ongoing employment. The first stage was part of the 2026 review (at [5]).

An enterprise agreement's base rate of pay must not be less than the award's base rate (s 206), so an award increase can lift members whose agreement rate has fallen behind.

1. The Commission may vary award minimum wages if satisfied that the variation "is justified by work value reasons" and that making it "outside the system of annual wage reviews is necessary to achieve the modern awards objective" (s 157(2)).
2. The consideration of work value reasons must "be free of assumptions based on gender" and "include consideration of whether historically the work has been undervalued because of assumptions based on gender" (s 157(2B)).
3. An Expert Panel has said how the test now works (Gender-based undervaluation – priority awards review [2025] FWCFB 74):

1. it requires "a broad evaluative judgment involving the exercise of a discretion", and the work value reasons need only be "related to" one or more of the three matters, with a connection that is "relevant and not remote or accidental" (at [23]);
2. there is no requirement to prove "identified changes in work value measured from a fixed datum point", which the older wage-fixing principles required (at [24]);
3. the award wage-fixing model from 1989 to 2006 "embedded gender-based undervaluation in four fundamental ways", the first being the use of the C10 tradesperson's rate as "the lodestar for wage fixation" (at [46]).

1. The same reading has been applied in a union's classification case outside the gender context (Application by The Australasian Meat Industry Employees Union [2025] FWCFB 199 at [138]-[141]).

An equal remuneration order is a second route. It requires "equal remuneration for men and women workers for work of equal or comparable value" (s 302(1), (2)).

1. Who may apply: an employee to whom the order would apply, "an employee organisation that is entitled to represent the industrial interests of an employee to whom the order will apply", or the Sex Discrimination Commissioner (s 302(3)).
2. On such an application, the Commission "must make the equal remuneration order if it is satisfied that, for the employees to whom the order will apply, there is not equal remuneration for work of equal or comparable value" (s 302(5)).
3. A comparison "is not limited to similar work" and "does not need to be a comparison with an historically male-dominated occupation or industry" (s 302(3B)). The Commission "is not required to find discrimination on the basis of gender" (s 302(3C)).
4. It must take into account annual wage review orders and their reasons (s 302(4)).
5. The application form is F46A, and the order is made by an Expert Panel (s 617(7), (10)).

Older decisions need care. In 2015 a Full Bench departed from an earlier Full Bench view that the s 302(5) requirement "could be satisfied by demonstration of 'gender-based undervaluation' without the need for a male comparator" (Application by United Voice & Australian Education Union [2015] FWCFB 8200 at [252], [297]). Section 302 has since been amended, and subsections (3A) to (3C) now say otherwise. Decisions on equal remuneration made before the 2022 amendments should be read with that change in mind. No equal remuneration order decision under the amended s 302 was found.

While a regulated labour hire arrangement order is in force, the labour hire employer "must pay the regulated employee at no less than the protected rate of pay" for work done for the host (s 306F(2)). The protected rate is the full rate the employee would get if the host's enterprise agreement or other covered instrument applied (s 306F(4)).

1. A regulated (supplied) employee, an employee of the host, the host, or "an employee organisation that is entitled to represent the industrial interests of" a supplied employee or a host employee (s 306E(7)). The form is F86.
2. So a union can apply on the strength of its right to represent the host's own employees, even where few of the supplied workers are members.

1. The Commission "must" make the order if satisfied that (s 306E(1)):

1. an employer supplies, or will supply, employees to perform work for a regulated host;
2. a covered employment instrument that applies to the host would apply to the employees if the host employed them to do that work;
3. the host is not a small business employer.

1. It must not make the order unless satisfied that the work "is not or will not be for the provision of a service, rather than the supply of labour" (s 306E(1A)), having regard to (s 306E(7A)):

1. the employer's involvement in matters relating to the work;
2. how far the employer directs, supervises or controls the employees in practice, including rosters, tasks and quality review;
3. how far the employees use the employer's systems, plant or structures;
4. whether the employer or another person is subject to industry or professional standards for the employees;
5. how far the work is specialist or expert.

1. It must not make the order if satisfied that it is not fair and reasonable to do so, having regard to the s 306E(8) matters "in relation to which submissions have been made" (s 306E(2)). Those matters include pay arrangements, the history of industrial arrangements, the relationship between host and employer, and the terms of the arrangement.

1. Short-term work. The protected rate does not apply to work for "a period of no longer than 3 months", unless the Commission has determined otherwise (s 306G(2)). A union may apply for a determination that there is no exemption period, but the Commission may make one only in exceptional circumstances (s 306L(1), (4)). If the work in fact runs longer because the agreements are varied or new ones made, the protected rate applies from then (s 306G(3)).
2. Training arrangements are excepted (s 306G(1)).
3. Disputes about the protected rate go first to discussion at the workplace, then to the Commission, which may arbitrate (ss 306P, 306Q).
4. A scheme with the sole or dominant purpose of avoiding an order is prohibited (ss 306S, 306SA), as are specific avoidance arrangements using short-term work, other labour hire agreements or independent contractors (ss 306T to 306V).
5. A contravention of s 306F(2) and the other listed provisions can be enforced in court by an employee, an employee organisation or an inspector (s 539(2) item 9A).

In July 2025 a Full Bench made orders against all three labour hire groups supplying workers to three Queensland coal mines operated for a BHP joint venture (Applications by the Mining and Energy Union re: Goonyella Riverside Mine, Peak Downs Mine and Saraji Mine [2025] FWCFB 134 at [346]). Where supplied workers do "the same work, involving the same skills and expertise" as the host's own employees, as part of the usual operations, the specialist nature of the work carries little weight (at [266]). The Full Court of the Federal Court dismissed the application for judicial review (BHP Coal Pty Ltd v Mining and Energy Union [2025] FCAFC 194 at [8], [83]).

1. A person is an "employee-like worker" if all of these apply (s 15P(1)):

1. the person performs all or a significant majority of the work under a services contract;
2. the work is digital platform work;
3. none of it is done as an employee;
4. the person has two or more of: low bargaining power; pay at or below that of an employee doing comparable work; a low degree of authority over the work; or a prescribed characteristic.

1. A "regulated road transport contractor" is the equivalent for road transport work (s 15Q).
2. The scheme took effect on 26 August 2024 (Application by Transport Workers' Union of Australia [2026] FWCFB 167 at [1]).

1. Who may apply: "an organisation that is entitled to represent the industrial interests of one or more regulated workers who would be covered", an organisation representing the businesses, a business in the class, or the Minister (s 536JZ(1)). The application must say which kind of order it seeks and specify the classes of workers and businesses (s 536JZ(2)-(3A)).
2. Before making an employee-like worker order, the Commission must consider whether, "on the whole", the people in the class are employee-like workers (s 536K(2)). It must publish a notice of intent with a draft order and give affected entities a reasonable opportunity to make written submissions (ss 536KAA, 536KAB).
3. An order must not contain certain terms, including overtime rates, rostering, terms that change the form of engagement, and work health and safety matters comprehensively dealt with by other laws (s 536KM(1)).
4. Contravening a minimum standards order is a civil remedy provision. A covered worker, a covered business, "an organisation" or an inspector may apply to court (s 539(2) item 29AB).

These matters are live. This is what the published decisions say, with no view on the outcome.

1. On 28 August 2024 the Transport Workers' Union of Australia (TWU) filed applications for:

1. an employee-like worker order for "last mile" parcel delivery (MS2024/1);
2. a road transport order for the same work (MS2024/2);
3. an employee-like worker order for on-demand food and beverage delivery through platforms (MS2024/3)

(Application by Transport Workers' Union of Australia [2026] FWCFB 154 at [3]).

1. On 30 June 2026 the Expert Panel dismissed an application to vacate the hearing listings in MS2024/1, and rejected a request to vacate the listings in both MS2024/1 and MS2024/2 ([2026] FWCFB 154 at [1]-[2]).
2. On 8 July 2026, in MS2024/3, the Panel decided to publish a notice of intent to make an order "broadly consistent with the TWU's proposed MSO", to operate on an interim basis pending the last mile applications ([2026] FWCFB 167 at [14]).
3. On 14 July 2026, deciding a preliminary question in MS2024/1 and MS2024/2, the Panel held that the TWU's proposed insurance term was not a prohibited term (Application by Transport Workers' Union of Australia [2026] FWCFB 171 at [31]). It declined to strike out a proposed safety training term before hearing the evidence (at [42]-[43]).
4. MS2024/1 and MS2024/2 were listed for a three-week hearing from 20 July 2026 ([2026] FWCFB 171 at [2]).
5. On 11 August 2026 the Panel issued [2026] FWCFB 211 and made the Interim On-Demand Delivery Employee-Like Worker Minimum Standards Order (MS900103), order PR813107 (order of 11 August 2026).

As at 13 November 2026 no decision determining MS2024/1 or MS2024/2 was found.

1. A collective agreement may be made between a regulated business and "an organisation that is entitled to represent the industrial interests of one or more regulated workers" (s 536MK(1)).
2. Either side can ask the Commission to help with a dispute about making the agreement, other than by arbitration (s 536MP).
3. The Commission registers an agreement on a signatory's application with the other's consent, if the requirements in ss 536MR and 536MS are met, including an independent dispute settlement term.
4. A covered worker, a covered business or an organisation may enforce a collective agreement in court (s 539(2) item 29AD).

1. An employee-like worker who has worked through a digital labour platform "on a regular basis for a period of at least 6 months" is protected from unfair deactivation (s 536LD). There is a parallel protection from unfair termination for regulated road transport contractors (s 536LE).
2. A deactivation is unfair if the person was deactivated, the deactivation was unfair, and it was "not consistent with the Digital Labour Platform Deactivation Code" (s 536LF).
3. Only "a person who has been deactivated or terminated" may apply, within 21 days after the deactivation or termination took effect (s 536LU(1), (3)). A union represents the worker; it cannot apply in its own name.
4. The person's annual rate of earnings must be less than the contractor high income threshold (s 536LU(2)). The threshold was $175,000 for the year from 1 July 2024 and is indexed each 1 July (Fair Work Regulations reg 1.08AA(2), (3)). The Commission gives it as $190,100 for the year starting 1 July 2026 (Commission page on the contractor high income threshold, read 13 November 2026).
5. The remedy is reactivation, with an order to restore lost pay (ss 536LP(1), 536LQ). The Commission "must not order the payment of compensation" (s 536LP(3)).

A party to a services contract, or "an organisation that represents the industrial interests of a person who is party to a services contract", may apply for a remedy on the basis that the contract contains an unfair term (s 536ND(1)). The person's earnings must be below the contractor high income threshold in the year of the application (s 536ND(2)).

For minimum standards orders, collective agreements, deactivation orders and unfair contract term orders, the s 539(2) table names "an organisation" as an applicant (items 29AB to 29AE).

1. Section 540(6) says an "industrial association" may apply only if it is affected, or the person concerned is affected and the association is entitled to represent that person (s 540(6)).
2. "Industrial association" includes an organisation (s 12).
3. Section 540(7), which expressly brings organisations under s 540(6), applies only where an item names "an industrial association".
4. Item 29AF, for road transport contractual chain orders, names "an organisation entitled to represent the interests of the first person". Items 29AB to 29AE do not add those words.

Whether s 540(6) limits a union applying under items 29AB to 29AE is a point no decision settles.