The Minns Labor Government is seeking industry and stakeholder input as it looks to legislate protections for gig workers and other precarious workers in the transport sector to modernise the NSW Industrial Relations Act.
Consultation on the draft bill will inform the development of the reforms which were a pre-election commitment. This will help ensure the changes are fit-for-purpose for the gig economy and the modern transport sector.
The proposed changes will extend to gig workers the same legal protections already offered to owner driver truck drivers, couriers and taxi drivers under Chapter 6 of the Industrial Relations Act.
The reforms will allow platform companies, employers and unions to apply to the Industrial Relations Commission for binding determinations on the workers' pay and conditions of employment.
The Commission is required to consider what is fair and reasonable while promoting efficiency and productivity in the economy of NSW.
The NSW Government's proposed changes will:
- Allow the Commission to determine what is fair and reasonable pay and conditions for rideshare and other gig workers in the transport industry.
- Correct the historical exemption that prevented milk, cream and bread delivery drivers from having the same protections.
- Explore new offences of accessorial liability for those who break the law in a supply chain.
- Ensure there are enforceable standards across road transport supply chains to make sure everyone, no matter how big or small, can recover their costs.
Consistent with the approach of the Commonwealth Government, the existing exemptions for transport of livestock and produce will remain in place.
The proposed changes will be complementary to the Federal Government's gig workers reform.
Minister for Industrial Relations Sophie Cotsis said:
"We need to ensure our Industrial Relations system is fit for purpose.
"The public relies on gig workers in the transport industry every day, and workers can rely on us for the same legal protections.
"This is an important step in supporting the thousands of gig workers to ensure they have the same industrial rights to access the industrial relations commission."
