Gig Economy Rights 2026: Uber, DoorDash & Deliveroo Workers Now Get Minimum Standards
New 'employee-like' laws mean gig workers get minimum pay standards, insurance, and dispute resolution from 2025. See what's changed for Uber, DoorDash, and Menulog drivers.
What are the new gig worker rights in Australia?
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduced a new category of 'employee-like' workers. This covers gig economy workers who perform work through a digital labour platform, have low bargaining power, and receive low pay relative to the work performed. The Fair Work Commission can now set minimum standards for these workers, including minimum rates of pay, payment terms, insurance requirements, and deactivation protections. This is the first time Australian law has extended workplace protections to gig workers without classifying them as employees. The FWC began making its first minimum standards orders in late 2024, with major platforms like Uber, DoorDash, Menulog, and Deliveroo all affected.
Minimum pay standards for gig workers
The Fair Work Commission's gig worker minimum standards are still being developed on a platform-by-platform basis, but the framework requires that workers receive at least a minimum rate that accounts for: time spent waiting for and performing work, vehicle and equipment costs, fuel and maintenance, and insurance. The FWC has indicated that minimum pay standards will aim to ensure gig workers receive at least the equivalent of the national minimum wage after accounting for costs. For rideshare drivers, this means the fare must cover the minimum wage equivalent plus vehicle running costs. For food delivery riders, minimum per-delivery and per-kilometre rates are being set. Workers retain the flexibility to choose when and how much they work — the standards apply to pay per engagement, not total hours.
Deactivation protections and dispute resolution
One of the most significant changes is protection against unfair deactivation. Previously, platforms could deactivate (effectively dismiss) workers without explanation or recourse. Under the new laws, the FWC can set minimum standards around deactivation, including: requiring platforms to provide reasons for deactivation, giving workers a chance to respond before deactivation, and creating an appeals process. Workers can also access the FWC's dispute resolution services for issues about their pay, conditions, or deactivation. This is a major shift — gig workers who were previously treated as independent contractors with no workplace rights now have access to Australia's industrial relations tribunal for the first time.
What this means for you as a gig worker
If you work for a digital platform like Uber, DoorDash, Menulog, Deliveroo, Airtasker, or similar services, you may be covered by the new employee-like provisions. You should: check whether your platform has been subject to a minimum standards order from the FWC, keep records of your earnings, hours, and expenses to verify you are receiving at least the minimum rates, report any concerns to the Fair Work Ombudsman, and know that you cannot be deactivated for exercising your rights. Note that these provisions do NOT make you an employee — you remain a contractor for tax purposes and do not receive leave, super, or other employee entitlements (unless the platform voluntarily provides them or a separate sham contracting finding is made).
Try these free tools
Official resources
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
Related articles
New laws give gig workers minimum standards and protections against unfair deactivation. Find out if you're an 'employee-like' worker and what rights you now have under Australian law.
Gig Worker Rights Australia 2026: New Minimum Standards for Platform WorkersAustralia's new gig economy reforms explained. Covers minimum pay standards for platform workers, insurance requirements, deactivation protections, and the distinction between independent contractors and employees in 2026.
Enterprise Agreement vs Award — What's the Difference?Enterprise agreements and Modern Awards both set workplace conditions, but they work differently. Learn the BOOT test, how EAs are made, zombie agreements, and how to check which applies to you.
National Employment Standards (NES) — Complete Summary of Your 11 RightsThe NES gives every Australian employee 11 minimum workplace rights. Here is a plain-English summary of each entitlement — maximum hours, leave, flexible arrangements, termination, and more.