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Gig workers

The gig economy represents a transformative shift in modern labour arrangements, where digital platforms connect service providers with consumers under complex contractual frameworks. This guidance note explores the evolving legal landscape surrounding gig workers in Australia, focusing on the critical distinctions between contractor and employee status, and the regulatory and judicial responses shaping this sector.

Topics Covered

  • Employee/independent contractor distinction
  • Independent contractors
  • Developments in the gig worker space

Essential Insights

  • Examine how Australian courts adopt a contract-focused approach to worker classification under recent High Court rulings.
  • Understand the significance of control, data metrics, and ‘soft control’ factors in determining employment status.
  • Assess the implications of landmark cases like Diego Franco v Deliveroo and CFMMEU v Personnel Contracting.
  • Explore regulatory developments including NSW gig worker safety laws and the impact of the Closing Loopholes Bill 2023.
  • Consider the ACCC’s challenge to misleading Uber Eats contract terms and its broader market influence.

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