Build compliance into your platform operations

Platform operators need employment law solutions that work with the nuances of the business model. The ‘Closing the Loopholes’ reforms coming into effect in 2025 was the first foray by the Australian Government into an ongoing programme of reform for the way platform businesses engage independent contractors.

We can help you understand your obligations under this new regime, as well as how your traditional employees fit within the existing Fair Work Act. We can even help you implement technology-supported systems that assist with compliance while preserving the operational characteristics that make your platform successful.

Fair Work Act Compliance For the gig economy

We can assist platform operators understand their obligations under the National Employment Standards (NES), the Modern Award (MA) system as well as the newer Minimum Standards Orders (MSOs) for ’employee-like’ workers doing platform-based work. We can go deeper than a traditional legal practice by forming a working knowledge of your platform’s operational model to bake compliance right in.

Getting classifications right in platform-based work can be challenging depending on your desired commercial model. We can conduct analysis to structure your outsourcing and employment arrangements to make sure they’re meeting the evolving regulatory landscape.

Influencer and Content Creator Specific Arrangements

If your platform is using outsourced content creators or ‘influencers’, this can require some attention from a compliance perspective, especially where there are varying degrees of control (including algorithmic control) and independence. We can assist platform operators structure their outsourcing arrangements that reflect the nature of the working relationship, keeping the evolving position under Australian employment law in mind.

We can go beyond the traditional action items such as drafting agreements that define the scope of work, payment terms, and intellectual property arrangements. With the involvement of our technology implementation practice, we can assist with the formulation of algorithmic decision making that may be essential to the operation of the platform. Eventually, Australian businesses may be required to disclose the involvement of algorithmic decision making, and so we’re getting a head-start by combining our technology and legal practice groups to make this part of our standard capability today.

Technology-Enabled Compliance Monitoring Solutions

In addition to the services discussed above, our technology and legal practice groups can work in unison to implement solutions that help monitor compliance with employment obligations across your platform. This can include automated systems for tracking working hours, calculating entitlements, and maintaining records. Our technology-first approach will always aim to replace a traditional legal services model with one that puts technology first, backed by on-demand legal assistance.

Resolve disputes efficiently while protecting your platform

Our practitioners combine knowledge of the law and commercial experience with platform business to achieve cost-effective resolution of any employment dispute. You should never feel like your legal representation is juggling competing priorities or doesn’t fully understand the way your business operates; with Artificer, we’re confident you never will. Here are some more reasons why we think you’ll be happy to have us working to resolve any employment controversy.

Digital-First Dispute Management

Our technology-enabled approach to dispute resolution minimises disruption to your platform operations. We use digital collaboration tools to manage case documentation, coordinate with all parties, and provide real-time updates on proceedings. This approach is particularly effective for platform businesses that operate across multiple jurisdictions or have distributed workforces.

If it can settle, it will

Many employment disputes can be resolved through conciliation or mediation without proceeding to the Fair Work Commission or to the Federal Courts. Our practitioners will prioritise success in alternative dispute resolution methods and work to settle the dispute so you can get back to business faster. We don’t subscribe to the philosophy that the lawyers win if the dispute takes longer to resolve.

Unfair Dismissal and Adverse Action Claims

Platform businesses face some unique challenges when terminating relationships with workers. We can provide strategic advice on termination procedures and defend against unfair dismissal and adverse action claims, drawing on our experience with platform-specific employment arrangements.

Adverse action claims can be particularly challenging given the recent amendments to the Fair Work Act to give protections against adverse action to employee-like workers under independent contracting arrangements. Platforms have to be extra vigilant to ensure that conduct that might have been previously normal operating procedure could now trigger rights of aggrieved contractors under the Fair Work Act.

Reputation Management During Disputes

Employment disputes can attract significant media attention, particularly for high-profile platforms or influencers. We provide strategic communication advice and work to minimise reputational damage while ensuring compliance with legal obligations and Fair Work Commission procedures.