Well-overdue protections for gig workers unveiled

The NSW government will legislate long-overdue protections for gig workers in the food delivery and rideshare sectors, as well as delivery drivers and truck drivers, after updates to industrial safeguards.

The current status quo for gig workers is that they have no minimum rates of pay or conditions; with the rapidly changing economy, these standard industrial retaliation laws are well out of date. Safeguards that most employees take for granted aren’t afforded to gig workers, such as having no unfair dismissal protections and no recourse to an independent industrial umpire.

This is why it was a no-brainer for the NSW government to implement new reforms that offer these protections for gig workers.

Using longstanding and widely supported powers under the NSW Industrial Relations Act, these are the reforms that have been put forward to cover the gig workers in the food delivery and rideshare industry:

• Empower the NSW Industrial Relations Commission to set minimum pay and conditions for gig workers in the transport sector.
• Mediate and, if necessary, arbitrate disputes between platforms and gig workers. This will provide a way for workers to appeal deactivation from apps or platforms.
• Prevent companies from trying to redefine gig workers to get around these reforms.

“We live and work in an economy that is rapidly changing to address the needs of our current society.

“We must ensure our industrial relations laws keep up with those changes,” said Minister for Industrial Relations Sophie Cotsis.

Platform companies and their drivers will have a chance to be heard by the Industrial Relations Commission when it makes a decision.

Food delivery is a major industry throughout NSW, and many Australians are dependent on it for various reasons. It’s a system that now often drops off the essentials right to your door and cannot be looked upon as merely a takeaway delivery service, which is why consultation with key stakeholders such as the drivers will inform the development of the reforms moving forward.

“The public relies on food delivery and rideshare workers every day, and workers can rely on us for the same legal protection offered to other couriers and taxi drivers in the transport industry under chapter six of the Industrial Relations Act,” said Minister Cotsis.

The NSW government will also modernise the law for other parts of the transport sector, including by:

• Correcting the historical exemption that prevented milk, cream, and bread delivery drivers from having the same protections as other drivers in the freight and delivery industry, also under chapter six of the NSW Industrial Relations Act.
• Exploring new offences of accessorial liability for those who break the law, or skirt orders of the Industrial Relations Commission. This recognises that breaches can be because of actions of others in the contract chain – and not just the company that pays the driver.
• Ensuring there are enforceable standards across road transport supply chains to make sure everyone, no matter how big or small, can recover their costs.

The changes are believed to improve road safety for riders and drivers in the gig economy – and therefore, all road users throughout NSW. The low rates of pay often create an incentive that pushes workers to be on the road for longer hours and to drive at a faster speed – so that they can accept more jobs.

Consistent with the approach of the Commonwealth government, the existing exemptions for the transport of livestock and produce will remain in place.

Consultation will occur before the bill is introduced into Parliament, which is expected later this year.

“This is the first step to supporting the thousands of gig workers to feel more safe and secure at work – something every worker in NSW deserves,” said Minister Cotsis.