NSW to introduce protections for gig workers

The New South Wales government is planning to introduce reforms to its NSW Industrial Relations Act to grant protections for gig workers in the food delivery and ride share sectors.

Under the reforms, the NSW Industrial Relations Commission will set minimum pay and conditions for gig workers in the transport sector.

The commission will also mediate and arbitrate disputes between platforms and gig workers, including helping the latter appeal deactivation from apps of platforms.

It will also prevent organisations from redefining gig workers to get around the new reforms, according to the NSW government.

"This is the first step to supporting the thousands of gig workers to feel more safe and secure at work – something every worker in NSW deserves," said Industrial Relations Minister Sophie Cotsis in a statement.

The reforms extend to gig workers the legal protections offered to couriers, taxi drivers, and owner-driver truck drivers.

According to the state government, platform companies, their drivers, and the organisations that represent them will have the opportunity to be heard before the commission decides.

Modernising the law for relevance

Meanwhile, the government said its reforms will also modernise the law for other members of the transport sector. These changes include:

• Correcting the historical exemption that prevented milk, cream and bread delivery drivers from having the same protections as other drivers in the freight and delivery industry, also under chapter six of the NSW Industrial Relations Act.
• Exploring new offences of accessorial liability for those who break the law, or skirt orders of the Industrial Relations Commission
• Ensuring there are enforceable standards across road transport supply chains to make sure everyone, no matter how big or small, can recover their costs.

"We live and work in an economy that is rapidly changing to address the needs of our current society," Cotsis said. "We must ensure our Industrial Relations laws keep up with those changes."

In 2022, the NSW Upper House's Future of Work Inquiry found that the state is falling behind others in establishing decent work in the gig economy.

This includes failure to provide gig workers with a minimum wage, paid leave, and other basic workplace entitlements, as well as access to a low-cost independent tribunal empowered to hear and decide disputes.