The NSW Minns Labor Government is introducing legislation this week to provide long overdue protections for transport gig workers as well as modernising the provisions of the Industrial Relations Act that applies to part of the road transport industry.
The legislation is complementary to the Federal Government's gig workers reform and follows consultation with unions, industry and the community to ensure the changes are fit-for-purpose for the gig economy and the modern transport sector like rideshare.
The legislation will provide a mechanism for transport gig workers to access the same legal protections currently offered to owner driver truck drivers, couriers and taxi drivers under the NSW Industrial Relations Act (the Act).
The decision to reform the Act was an election commitment and will allow platform companies, employers and unions to apply to the Industrial Relations Commission for binding determinations on workers' pay and conditions of employment for the first time.
Once the changes are implemented, eligible gig workers in the transport sector and their representative will be able to apply to the NSW IRC to have contract determinations or agreements that will regulate their pay and conditions
The NSW Government's bill will:
- Modernise the existing provisions of Chapter 6 of the Industrial Relations Act, including establishing objects for the Chapter
- Allow the Commission to determine what is fair and reasonable pay and conditions for rideshare and other gig workers in the transport industry.
- Establish 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.
Minister for Industrial Relations Sophie Cotsis said:
"This new legislation will enable our Industrial Relations system to be fit for purpose when it comes to gig workers in the transport sector.
"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."
