Gig Economy Rights 2026: Uber, DoorDash & Deliveroo Workers Now Get Minimum Standards

For 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.

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.

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.

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're receiving at least the minimum rates, report any concerns to the Fair Work Ombudsman, and know that you can't 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).