Application by Transport Workers’ Union of Australia
Citation: [2024] FWC 2438
What happened
In August 2024, the Transport Workers' Union of Australia (TWU) lodged three applications with the Fair Work Commission seeking minimum standards orders for gig-economy and road transport workers. Two applications (MS2024/1 and MS2024/3) sought employee-like worker minimum standards orders covering digital platform workers delivering packages and food or beverages respectively. The third application (MS2024/2) sought a road transport minimum standards order covering regulated road transport contractors in last-mile package delivery. The applications followed amendments to the Fair Work Act 2009 that commenced on 26 August 2024, giving the Commission new powers to set minimum standards for these worker categories. President Hatcher issued this statement setting out how the Commission intended to manage the applications, including which panels would hear them and how the Road Transport Advisory Group would be consulted.
What was decided
President Hatcher issued procedural directions and provisional views rather than a final decision. He indicated that MS2024/2 must be heard by an Expert Panel for the road transport industry, as required by law. He also proposed directing that MS2024/1 and MS2024/3 be heard by an Expert Panel for the road transport industry, given they relate to that sector. He constituted an Expert Panel for consultation purposes, with Vice President Asbury appointed to chair the Road Transport Advisory Group (RTAG). The RTAG was asked to provide advice on all three applications by 6 December 2024. Interested parties were invited to submit views on the provisional directions by 20 September 2024. No substantive orders were made at this stage.
What it means for employers
Digital labour platform operators and road transport businesses that engage gig-economy delivery workers or regulated road transport contractors should monitor these proceedings closely. If minimum standards orders are ultimately made, those businesses may be required to meet new minimum pay and conditions for workers currently engaged as independent contractors. Businesses should consider making submissions to the Commission if they wish to influence the shape of any future orders.
What it means for employees
Gig-economy workers delivering packages or food and beverages, and owner-driver road transport contractors, may benefit from minimum standards orders if the Commission ultimately makes them. Such orders could set minimum pay rates and other working conditions for these workers without changing their status as independent contractors. No orders have been made yet, and the process is at an early consultation stage.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections