The NSW Government will legislate long-overdue protections for gig workers in the food delivery and ride share sectors, delivery drivers and truck drivers.
Our economy has changed rapidly over recent years while industrial relations laws have not kept pace.
Currently gig workers have no minimum rates of pay or conditions. They have no unfair dismissal protections, and no recourse to an independent industrial umpire.
These are safeguards most employees and employers simply take for granted.
Using long-standing and widely supported powers under the NSW Industrial Relations Act, the reforms to cover the gig workers in food delivery and rideshare will:
- 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 trying to redefine gig workers to get around these reforms.
The above changes will extend to gig workers the same legal protections already offered to couriers, taxi drivers and owner-driver truck drivers under Chapter 6 of the Industrial Relations Act.
Platform companies, their drivers, and the organisations that represent them would all have the opportunity to be heard before the Industrial Relations Commission when it makes a decision.
Consultation with industry and stakeholders 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.
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.
These changes will improve road safety for riders and drivers in the gig economy - and therefore all road users.
Low rates of pay create a perverse incentive for these workers to take risks our roads, just so they can accept more jobs.
Consistent with the approach of the Commonwealth Government, the existing exemptions for 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.
Minister for Industrial Relations Sophie Cotsis said:
"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.
"The public relies on food delivery and ride share 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 6 of the Industrial Relations Act.
"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."
