Gig workers normally work as independent contractors, providing a service to a company and being paid per job (or “gig”), which has historically been referred to as piece work, a type of payment which has been rarely used since the 1800s in most industries. As independent contractors workers supply their own equipment, uniforms and time to complete their duties as required. As independent contractors, gig workers are not entitled to the same rights as regular employees, a fact many companies use to exploit workers, through under payment, poor conditions or unsafe work practices.

Gig Workers often work in ride-share, food & service delivery, in-home aged care, cleaning & childcare industries.

This is opposed to the more standard form of employment found in most industries, whereby a worker is hired by a boss to work consistently for a company at a set wage, which may be an hourly rate (most common in casual work), or part of an annual salary. Workers in formal employment can be recognised by such things as an employment contract, the requirement to wear a uniform, less flexibility around rostering, and having equipment supplied by their employer. These workers are also entitled to further rights such as superannuation, paid leave and are covered by the National Employment Standards.

At the Young Workers Centre, we’ve spoken to many gig workers who overwhelmingly want fair improvements to their pay, safety, and job security. With the new Closing the Loopholes 2 Act coming into effect this August, Gig workers for digital platforms across Australia may have some positive workplace changes in store.

What’s changing?

From the 26^th of August 2024, the Fair Work Commission will set new minimum standards and guidelines for gig workers. The Young Workers Centre believes this will deliver gig workers new rights at work, more in line with those of employees, and hopefully, much better conditions.

Gig workers will now also be able to dispute unfair deactivations by platforms through the Commission. This is instead of relying on the platforms’ existing deactivation processes, which we’ve heard can be slow, lack transparency, and without chance to appeal. Workers may also be able to apply for lost income due to unfair deactivation.

Organisations that represent gig workers (like unions) will be able to create collective agreements to provide even better conditions for gig workers than the minimum standards set by the commission. This is great news as it gives gig workers the opportunity to have their concerns addressed through the processes that all other workers are entitled to.

While we must wait until the Fair Work Commission sets the regulations and minimum standards for gig workers to know the specifics, the Young Workers Centre is available now to help young gig workers understand their rights and provide legal support for free. Call 1800 714 754 to get in touch.

Situations where workers are employed as independent contractors but expected to carry out the duties of a formal employee, where flexibility is limited and the worker does not have the right to negotiate their pay are known as sham contracting, which denies workers their rights and forces them into vulnerable positions. This type of contracting is highly illegal.

If you feel like you’ve been misrepresented as an independent contractor, and work under formal employment conditions, you can reach out to the Young Workers Centre for free & confidential legal advice here.  

Working for a platform, such as Uber may mean work feels distant from official oversight, but these organisations still have responsibilities with regard to your safety. This means they are responsible for providing and maintaining a safe working environment for their employees and non-employee gig workers, as well as eliminating or reducing, risks and hazards, and notify WorkSafe of serious workplace incidents. 

You also have health and safety rights when visiting other workplaces, such as collecting an order from a restaurant, or entering a office building. These businesses have a responsibility to keep you safe whilst you’re on site. If you see or experience anything unsafe in these environments, you’re entitled to raise a complaint with the business, or inform WorkSafe. 

Included in Health and Safety are things like bullying and harassment. Verbal, physical or pyschological abuse are unacceptable in any work environment, and platforms have a responsibility to ensure their workers are safe from these hazards, and prevent any harm coming to gig workers. If a platform allows customers, passengers or other workers to bully, harass or intimidate a worker, they are entitled to reach out to WorkSafe, the Young Workers Centre or both.

If you see something unsafe, experience a near-miss or an accident you can seek assistance from your union, or reach out to WorkSafe for further information. More information is available here

From time to time workers may find themselves in dispute with their platform over payments, account suspensions and safety issues, or other issues. Workers in these situations should firstly make efforts to record information related to disputes, such as photos, invoices and communications between themselves and the platform.  

Workers in dispute should seek advice from an organisation like the Young Workers Centre or your relevant unions (Transport Workers Union for delivery and rideshares drivers), who can help you make your case, and win back lost earnings or protect your rights as a gig-worker.  

Gig Workers Hub have been set up as a breakroom for gig workers, where people can go, take a breather, sit down have some snacks, use bathrooms and do light repairs on their equipment. They’re open from Wednesday to Sunday between 4pm and 9pm at 506 Elizabeth St, Melbourne VIC 3000, Australia.  

The State Government’s Gig Worker Support Service was an initiative to support Gig Workers by improving fairness and advice to workers in the sector. You can find relevant information about being a gig-worker by visiting their website here. 

Workers in the gig economy face difficult challenges and legal obstacles to achieving fair working conditions, but they are not alone. Many gig workers have worked with their union, the Transport Workers Union, to win significant claims for industry wide reforms to improve the lives of gig workers. You can find out more and join their fight by following this link here.