“Shake-up” test cases

Background

President Adam Hatcher of the Fair Work Commission (the FWC) is seeking feedback on three key test cases brought forward by the Transport Workers Union (the TWU) following the Albanese Government’s “Closing Loopholes 2” legislation. The TWU’s three applications are seeking to establish minimum standards and regulate working conditions for employee-like gig workers in the “last mile” delivery sector and owner drivers who operate independently but are engaged by larger delivery companies. This initiative demonstrates a significant development in the regulation of gig economy workers, a sector which has long operated without the protections afforded to traditional employees.

Impact on Gig Economy and Transport Industry

If these cases are successful, a road transport expert panel within the FWC, informed by advice from the Road Transport Advisory Group (the RTAG), will determine minimum standards for these gig workers. The RTAG consists of significant stakeholders in the Transport Sector. The goal is to create a more safe and fair working environment for food delivery workers using platforms like UberEats, and parcel and goods delivery drivers working with companies like Amazon Flex.

The outcome of these cases could reshape the way gig workers and owner drivers are treated and could offer them greater rights and protections including fair pay and working conditions. The FWC’s approach to setting these standards will be watched closely by industry, unions and gig workers alike, as it may set a precedent for other sectors within the gig economy.

If you have any questions about these “shake-up” test cases and what they could mean for you or your business, please do not hesitate to contact Nick Stevens, Josh Hoggett, Evelyn Rivera or Ayla Hutchison.