ROOT
Food delivery driver wins vital case in a swipe at share apps
The push for fairer treatment of gig workers has received vital backing after Tuesday’s Fair Work Commission ruling, which swung in favour of a Deliveroo rider.
Food delivery driver wins vital case in a swipe at share apps
The push for fairer treatment of gig workers has received vital backing after Tuesday’s Fair Work Commission ruling, which swung in favour of a Deliveroo rider.
The Fair Work Commission ruled in favour of Deliveroo rider Diego Franco, who brought a test case against the food delivery platform with the backing of the Transport Workers Union (TWU), for unfair sacking.
In a ruling said to have far-reaching consequences for other rideshare apps, such as Uber and UberEats, Commissioner Ian Cambridge declared Mr Franco an employee of Deliveroo, entitled to employee rights associated with his status.
Rideshare apps have insisted that their riders are self-employed, independent contractors and do not have the rights associated with being an employee.
However, Commissioner Cambridge disagreed, underlining that Mr Franco did not have a distinct trade or profession, did not bring sizeable assets of his own to the business and did not build up his own client base.
“This is an important judgment and puts Australia in line with other countries across the world from the UK to Spain and the Netherlands where the rights of gig economy workers have been recognised,” said TWU national secretary Michael Kaine.
In a similar case held earlier this year, the UK’s Supreme Court ruled that Uber must clarify its drivers as workers instead of independent contractors.
The UK top court found that drivers were “in a position of subordination and dependency... such that they have little or no ability to improve their economic position through professional or entrepreneurial skill”.
“The drivers were rightly found to be ‘workers’,” the judges said.
‘Urgent government action required’
TWU is now urging the government to enact regulation to back the Fair Work Commission’s findings and to ensure other gig workers have rights and protections.
“This ruling has huge implications for gig workers in Australia, and we urge the federal government to look at it today and to start devising regulation now,” Mr Kaine said.
According to TWU, Mr Franco worked for the Amazon-backed Deliveroo for three years and was “booted off the app” last April with no warning, over claims he wasn’t working fast enough.
“He wasn’t given a chance to argue his case and was left struggling to support his wife and baby daughter. Fair Work has slammed that behavior by Deliveroo, so we expect the federal government to back the commission’s judgement and to bring in reforms,” Mr Kaine said.
“The treatment of gig workers isn’t just unfair, it is deadly. Riders work under the spectre that they may get sacked at any moment and are forced to risk their lives to make deliveries quickly. Between September and November, five delivery riders died while working.
“We want the federal government to regulate in the right way and to put in place a tribunal with full powers to regulate on gig workers’ rights and protections,” Mr Kaine argued.
Earlier this year, federal Labor argued the gig economy was creating a “new working poor”, urging a policy update.
“We need to be mindful of the conditions, safety with the workplace system and the laws around it to take into account new models emerging particularly in the gig economy,” shadow minister for industry and innovation Ed Husic said at the time.
RELATED ARTICLES
About the author
About the author
Earn
Australian employment data shows mixed signals as full-time jobs rise despite overall decline
Australia's employment landscape presented mixed signals in May, with overall employment declining despite a strong rise in full-time positions, according to analysis of the latest Labour Force dataRead more
Earn
Millennials face 'generational squeeze' as most vulnerable group in retirement
Millennials will be the most vulnerable demographic to face the "generational squeeze" in retirement, caught between supporting elderly parents and adult children while funding their own later years, ...Read more
Earn
Top workplaces for women in 2025 highlight progress in gender equity and inclusive leadership
Australia’s top workplaces for women in 2025 have been announced, recognising companies that are leading the way in gender equity, flexible work arrangements and inclusive leadership development. Read more
Earn
Employee satisfaction dips as Australian workplaces tackle retention challenges
Australian workplace satisfaction has declined to 78 per cent as companies grapple with economic pressures and changing work dynamics, according to a new report. Read more
Earn
Simplify your finances: The benefits of debt consolidation loans in Australia
In an era where managing multiple debts has become a common financial challenge for many Australians, debt consolidation loans emerge as a practical solution to streamline finances and regain controlRead more
Earn
Long-term welfare dependency declines despite rise in JobSeeker recipients
New research from e61 Institute has revealed that, contrary to popular belief, the number of people reliant on the benefit system in Australia has declined over the past two decades, despite an ...Read more
Earn
Best property investment strategies in Australia for 2024: An expert's perspective
As the Australian property market continues to evolve, investors are keenly looking for strategies that will yield the best returns in 2024. Read more
Earn
Innovative tax saving techniques for individuals and families
Tax time can be daunting for many Australians, but with some innovative planning and smart strategies, individuals and families can maximise their tax savings. Read more
Earn
Australian employment data shows mixed signals as full-time jobs rise despite overall decline
Australia's employment landscape presented mixed signals in May, with overall employment declining despite a strong rise in full-time positions, according to analysis of the latest Labour Force dataRead more
Earn
Millennials face 'generational squeeze' as most vulnerable group in retirement
Millennials will be the most vulnerable demographic to face the "generational squeeze" in retirement, caught between supporting elderly parents and adult children while funding their own later years, ...Read more
Earn
Top workplaces for women in 2025 highlight progress in gender equity and inclusive leadership
Australia’s top workplaces for women in 2025 have been announced, recognising companies that are leading the way in gender equity, flexible work arrangements and inclusive leadership development. Read more
Earn
Employee satisfaction dips as Australian workplaces tackle retention challenges
Australian workplace satisfaction has declined to 78 per cent as companies grapple with economic pressures and changing work dynamics, according to a new report. Read more
Earn
Simplify your finances: The benefits of debt consolidation loans in Australia
In an era where managing multiple debts has become a common financial challenge for many Australians, debt consolidation loans emerge as a practical solution to streamline finances and regain controlRead more
Earn
Long-term welfare dependency declines despite rise in JobSeeker recipients
New research from e61 Institute has revealed that, contrary to popular belief, the number of people reliant on the benefit system in Australia has declined over the past two decades, despite an ...Read more
Earn
Best property investment strategies in Australia for 2024: An expert's perspective
As the Australian property market continues to evolve, investors are keenly looking for strategies that will yield the best returns in 2024. Read more
Earn
Innovative tax saving techniques for individuals and families
Tax time can be daunting for many Australians, but with some innovative planning and smart strategies, individuals and families can maximise their tax savings. Read more
