The Transport Workers’ Union (TWU) has welcomed a Fair Work Commission (FWC) decision which could see world-first standards on pay and working conditions for tens of thousands of gig workers from as early as mid-August. The FWC has issued a notice of intent and called for additional submissions ahead of their final decision to lock-in the world-first pay and conditions floor for food and grocery delivery gig workers, ensuring they earn at least $31.30 an hour for engaged time, while flagging potential adjustments once it determines related claims currently in progress.
The TWU has led the charge in securing reforms for workers in the gig economy, campaigning for years for laws to put in place minimum standards in the gig economy. Ahead of these laws being introduced, DoorDash and Uber both signed charters with TWU on fairness in the gig economy after significant pressure from gig workers.
Internationally, the ACTU and the Transport Workers Union, were also part of leading the push to secure a new Convention in the ILO which extends rights to workers in the gig and platform economy, including the right to be part of a union and to bargain as a group, regardless of whether they are considered employees.
Last year a joint submission between the TWU, Uber Eats and DoorDash was made to the FWC for a proposed Minimum Standards Order (MSO) providing for a safety net on pay of at least $31.30 an hour, pay transparency, feedback forums, insurance requirements and union representation rights. The TWU had first made an application for an MSO in 2024, following laws passed by the federal Government to establish minimum standards for employee-like workers, like food delivery workers in the gig economy.
TWU National Secretary Michael Kaine said, “Australians have come to rely on having food delivered to our doorstep from the magical click of a button, rain, hail or shine. But for too long gig workers have languished outside our workplace protections with below minimum pay, no voice at work and no protections, under deadly pressure to rush to make ends meet and avoid deactivation. Since 2017, 25 gig workers have been killed on our roads.”
The conditions and pressures experienced by gig workers were described by Davis Clayton in his presentation at last year’s VTHC HSR Conference, Reps Against the Machine, which explored the growing use of technology in the workplace under the guise of productivity, safety, and compliance—and what this means for workers’ health, safety, and rights.
In addition to speaking about gig worker pay factors, Davis spoke about the safety conditions under which gig workers operate. No hard safety measures, limited and inconsistent training and a system of work that incentivises riders to cut corners and take risks to meet targets, has contributed to a safety culture in which gig workers are injured or killed at work. A structure of insecure and contracted work has also made it difficult for workers to organise and has prevented the establishment of employee safety representation.
The TWU’s Michael Kaine said, “This historic decision from the Fair Work Commission, after years of campaigning from gig workers, is set to give them rights and protections for the first time.”
“This is an absolute world-leading set of standards in the gig economy which, when passed, will represent life-changing improvements for workers who were left behind by Coalition governments for over a decade.”
Laws passed by the current government will also provide stronger deactivation protections for workers, with a recent TWU win in the Fair Work Commission which blasted Uber’s “illogical and arbitrary” customer ratings system, and fair fuel cost recovery through an urgent Contract Chain Order which has seen gig platforms increase pay to gig workers on fuel costs.