Gig workers

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Gig workers are typically paid per job, and usually pick up their tasks or jobs using online platforms, like Uber, Amazon Flex, Airtasker and Lyft. The laws for gig workers are different to regular employees. New laws commenced on 26 August 2024 which provide these workers with more protections at work. Find out what these changes mean for you.

What is a ‘gig worker’?

Gig work is the name given to jobs done through online digital platforms like Uber, Amazon Flex, Airtasker and Lyft. It’s call ‘gig work’ because you are only paid for each job, task, or ‘gig’, rather than being paid a salary or wage like a normal employee. There are now over 100 gig worker platforms operating in Australia, with almost 80% of gig workers relying on this work as their main source of income.

There are a few names you might hear to describe gig workers, including regulated workers, independent contractors, freelancers, or online platform workers. However, if you pick up work using an online platform like Uber, you are a gig worker.

What’s a ‘digital platform’?

A digital platform is just the name given to the apps that gig workers use to pick up their tasks or jobs, like Uber, Lyft or Amazon Flex.

Is gig work the same as independent contracting?

Gig workers are very similar to independent contractors because they are not employees of the business. The new laws on gig workers often refer to them still as ‘independent contractors’. The main difference is that gig workers who pick up work through digital platforms like Uber now have specific laws just for them, which you can learn about below.

If you’re not sure if you are an independent contractor, a gig worker or an employee, contact us for free legal assistance or advice.

What are the new laws for gig workers which started in August 2024?

New rules started on 26 August 2024 which give gig workers more rights at work. These new laws call gig workers ‘regulated workers’ and consider them to be ‘employee like’. See below for some of these changes:

See below for more details!

Minimum standards

Gig workers, or organisations like Unions, can now apply to the Fair Work Commission for certain minimum standards to apply to their job. The Fair Work Commission can then make an order that certain minimum standards need to be given to those gig workers. It might include conditions like:

• Minimum pay
• Deductions
• Insurance
• In some cases, penalty rates.

For more information on the minimum standards orders and how this works, see: Employee-like minimum standards orders and guidelines.

Unfair deactivation from the app

Deactivation is when the company deactivates your account so that you can’t pick up any more work through the app. You will be able to make an application to the Fair Work Commission for an order to reactivate your access if you have worked for the digital platform for at least six months from 26 August 2024 and you have been unfairly deactivated. This means no one will be able to make an application until at least 26 February 2025.

Your deactivation might be unfair if:

1. There was no valid reason for the deactivation; or
2. If the digital platform did not comply with the Digital Labour Platform Deactivation Code, which sets out the processes digital platforms must follow when deactivating a gig worker.

However, a deactivation is not unfair if:

• You were deactivated because of serious misconduct (like drink driving for example)
• You have only had your access to the digital platform temporarily modified or suspended (for 7 days or less)
• Your deactivation was necessary to protect the health and safety of a user of the digital platform or community member
• You engaged in fraudulent or dishonest conduct e.g., giving wrong information to the digital platform.
• You did not comply with licencing rules
• The deactivation is needed to enable the digital platform to investigate misconduct, or refer the matter to a law enforcement agency.

You must make this application to the FWC to reactivate your account within 21 days after the deactivation took place. If the FWC makes an order to reactivate your account, it can also make an order to restore lost pay.

Unfair contracts for gig workers

Gig workers can now also make an application to the Fair Work Commission if their contract with the digital platform is unfair.

For example, your contract could be unfair if it:

• pays you less than what another gig worker or employee who performs the same or similar work would earn
• requires you to compensate the digital platform for loss or damage which the digital platform caused or contributed to
• gives the digital platform complete control to suspend or deactivate your account.

You can read more about unfair contracts and terms here.

Collective agreements

Gig workers can also apply to the Fair Work Commission to make a ‘collective agreement’ which is like a contract between the company and a group of gig workers with the help of a trade union.

The benefit of a collective agreement is that a group of gig workers, with the help of a union, can together achieve better pay and conditions than their contract.

I’m an international student on a temporary visa, can I do gig work?

Yes, people on temporary visas in Australia can pick up work through digital platforms, as long as they’re not breaching any of their work-related visa conditions. For example, international students on a Subclass 500 student visa can only work up to 48 hours per fortnight during semester time. If you want pick up work through companies like Uber, you need to ensure you’re not working more hours than you’re allowed to.

You can find more information for international students here.

Where can I get further help?

For further information and advice about gig workers, including your rights, entitlements and the new rules, visit the Fair Work Ombudsman website or call the Fair Work Infoline on 13 13 94 (8.00am – 5.30pm, Monday to Friday).

If you are under 25 and need assistance, or if you have a question that hasn't been answered here, please contact us here for free legal advice.