Application by Transport Workers' Union of Australia
Citation: [2026] FWCFB 211
What happened
The Transport Workers' Union of Australia (TWU) sought a minimum standards order (MSO) under Part 3A-2 of the Fair Work Act 2009 for 'employee-like workers' (ELWs) engaged by digital labour platform operators (DLPOs) to perform on-demand delivery work. A draft MSO was published, and submissions were received from various parties including Uber, DoorDash, Amazon, Australia Post, the Australian Chamber of Commerce and Industry (ACCI), individual ELWs like the Applicant, the Second Respondent, and a co-worker, and academics. Concerns raised included ambiguity in coverage criteria, rates of pay, dispute resolution processes, and regulatory distortion.
What was decided
The Fair Work Commission made an 'Interim On-Demand Delivery Employee-like Worker Minimum Standards Order' substantially aligned with the draft MSO. The Commissioner addressed concerns regarding clarity in the coverage provisions by making minor adjustments to clarify language without substantive changes. Amazon’s request for a further hearing was denied due to comprehensive submissions and lack of support from other parties. The order is effective from 17 August 2026, with review mechanisms included.
What it means for employers
Employers using digital labour platforms need to be aware of the new minimum standards order impacting 'employee-like workers'. They should carefully examine their engagement practices and ensure compliance with the coverage criteria. The Commissioner’s focus on clarity in defining ELWs highlights the importance of precise language in contracts and terms of service.
What it means for employees
Delivery workers engaged through digital platforms now have access to minimum standards outlined in the new order, including rates of pay and dispute resolution processes. Affected workers should review the order to understand their rights and entitlements under this new framework.
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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 →