Do gig workers have rights at the Fair Work Commission in Australia?

Yes — for the first time. The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 inserted Chapter 3A into the Fair Work Act, in effect 26 August 2024. 'Employee-like workers' performing digital platform work can now access: (1) FWC minimum-standards orders setting minimum rates and conditions per sector, (2) unfair deactivation jurisdiction (challenge being kicked off the platform), (3) collective bargaining through a registered organisation. The first minimum standards order (MS900103, from 17 August 2026) covers app-based food, beverage and grocery delivery; it doesn't cover rideshare.

What is the minimum hourly rate for Uber drivers in Australia?

For food delivery (Uber Eats, DoorDash, Menulog and similar), the Interim On-Demand Delivery Employee-like Worker Minimum Standards Order [MS900103], effective 17 August 2026, sets a minimum per hour of engaged time — from accepting an order to completing it — of $31.30 on foot, bicycle or e-bike, $31.50 on a motorcycle and $32.00 in a car, to 31 December 2026 (cl 14.2). Waiting time between orders isn't engaged time. The order doesn't cover rideshare, so no FWC minimum rate applies to Uber, DiDi or Ola rideshare drivers under it.

Can I be deactivated from Uber, DoorDash etc. without warning?

Not since 26 August 2024 if you fall under the regulated-workers regime. Section 536LB of the Fair Work Act gives gig workers in covered sectors the right to challenge an 'unfair deactivation' at the FWC, similar to unfair dismissal for employees. The platform must give you a written reason. You have 21 days from the deactivation notice to apply to the FWC. The FWC can order reactivation, compensation, or both.

Am I a gig worker or an employee under Australian law?

Different test. The 'gig worker' (or 'employee-like worker') regime under Chapter 3A of the FW Act applies to digital platform workers who don't meet the legal definition of employee. The traditional employee test (under s15AA, restored by Closing Loopholes No. 2 to a substance-over-form test) gives stronger rights including super, leave, and unfair dismissal. Many platform workers may actually be misclassified employees — use the Contractor-or-Employee classifier to check. If you're an employee, you have BOTH employee rights AND can't be a 'regulated worker' under Chapter 3A.

How do I claim back-pay if I'm being paid less than the FWC minimum?

If a minimum-standards order applies to your sector and the platform has paid you less than the order's minimum, you can apply to the Fair Work Commission for the shortfall. The FWC will assess the platform's compliance. Civil penalties up to $109,200 per contravention for a company with fewer than 15 employees, or $546,000 for one with 15 or more (from 1 July 2026) can apply to the platform on top. Complaints can also be lodged with the Fair Work Ombudsman (13 13 94). Document your hours, earnings, platform fees, and per-trip details — contemporaneous records carry the most weight.

Gig Worker Rights Checker

Brand new 2024 law — gig workers in Australia now have FWC protections. Calc your real hourly after platform fees, see if you meet the minimum-standards order for your sector, and learn your unfair-deactivation rights.

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