This Fact Sheet discusses common issues experienced by those working in the gig economy. It is designed to help you identify your rights and take the most appropriate action if they are breached.
Gig work is work that is typically accessed through, or organised by, digital platforms. These digital platforms are websites or apps that match people that need work done with people who want to do that work. Typical examples include transportation, food delivery, personal, trade, professional or labour services, pet-sitting or babysitting apps.
While gig workers can be engaged as employees, it is more common for digital platforms to arrange their engagement in a way that classifies them as independent contractors. This allows the digital platform to avoid being liable for employee benefits such as minimum wages, tax, WorkCover insurance, and more.
As a result, many gig workers do not have access to certain protections under employment law and have reduced opportunities to resolve any legal issues they may encounter while doing the gig work.
Some issues to consider include:
Gig workers, if eligible, may be able to make an Unfair Deactivation claim at the Fair Work Commission if their access to their digital labour platform has been changed, suspended or terminated and they are no longer able to work. A worker will have 21 calendar days from when a deactivation takes effect to make an application to the Fair Work Commission.
Gig workers engaged to do work as a regulated road transport contractor may, if eligible, lodge an Unfair Termination claim at the Fair Work Commission if their services contract is termination. A worker will have 21 calendar days from when a termination takes effect to make an application to the Fair Work Commission.
For more information about gig work, we recommend you download the ‘Gig Workers’ Fact Sheet.
Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.
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