The rapid growth of the gig economy, particularly during the COVID-19 pandemic, has boosted the coffers of the international tech giants. By the end of last year the meal delivery sector had grown by more than 100%. Uber posted a 40% increase in profit.
But those people working for Uber and Deliveroo have not been on the receiving end of the boom. Because gig economy companies are able to claim that their workforce are independent contractors, they can聽听补苍诲听.听
A December聽聽podcast pointed out that gig workers have 鈥渘o employment rights under the Commonwealth Fair Work Act to legal minimum pay rates, sick leave, or unfair dismissal protections鈥.
Its research confirmed previous findings that gig economy workers are over-represented in 麻豆传媒 of the workforce with less bargaining power 鈥 students, those who have been unemployed and young people.
The death of five meal delivery riders in two months at the end of last year shone a spotlight on delivery riders鈥 conditions.
Another delivery rider was on March 12. The 20-year-old was rushed to hospital with severe head injuries after being hit by a car in Sydney鈥檚 south.
The Transport Workers Union (TWU) has started a campaign aimed at Uber and Deliveroo. It is seeking justice for delivery and ride share drivers who have been unfairly dismissed, injured at work or have been pressured to work faster than is safely possible.听
At a vigil outside the Sydney Uber Eats headquarters last November, TWU national secretary Michael Kaine said that the drivers were a vital part of the economy and one reason why Australia had managed so well during the pandemic.听
Uber and other meal delivery companies have been 鈥渁llowed to get away with trampling on workers鈥 rights and risking their lives,鈥 .
Those rallies and vigils organised after the drivers鈥 deaths helped focus a national spotlight on the drivers鈥 poor conditions which, in turn, has forced Uber to offer some concessions.
For instance, it was that delivery riders will now be supplied with safety gear including lights, reflective vests, bells and phone holders.听
A new feature on the Uber app will detect whether riders are wearing a helmet before they can accept jobs, though Uber are still not offering free helmets.
While new safety measures are welcome, the onus remains on the drivers to complete a mandatory roadworthiness checklist of their bike. It maintains responsibility with the riders and may be used to punish and restrict riders whose bikes are not up to standard.
, the TWU started pushing for delivery companies to pay the fines given to riders for breaking road rules, while trying to meet unrealistic delivery deadlines. It said that workers are being unfairly punished for the companies鈥 business model.
Conditions improving?
While gig economy workers are often forced to choose between safety and making enough to live on, there is some hope following several TWU wins to protect delivery workers, including unfair dismissal cases against and .
The campaign for rights has been bolstered by a landmark case in the聽British Supreme Court聽in February that ruled that Uber drivers are workers, not contractors.
Two former Uber drivers, James Farrar and Yaseen Aslam, took Uber to an employment tribunal in 2016, arguing that they worked for Uber and should receive associated workers鈥 rights.
They won the case and are now General Secretary and President of the App Drivers and Couriers Union. Uber appealed the case three times, only to lose in the Supreme Court.
Uber claims it is simply a matchmaking service for passengers and drivers. However, the Supreme Court ruled that there was 鈥渘o factual basis鈥 for that claim.
The judgement referenced five major controls that Uber has over drivers including: the rates charged for rides; the terms of company contracts; the Uber rating system as a performance management system; the determination of which jobs are offered to drivers and penalties for rejecting jobs; and the fact that drivers cannot market themselves outside of the Uber app.听
Uber has to pay workers the minimum wage and offer pensions and holiday pay in Britain. In Australia, the TWU is urging the federal government to regulate the gig economy.
The court ruling has given hope to the campaign here. The major difference is that Britain has three categories of worker 鈥 employee, contractor and worker 鈥 whereas Australia only has employee and contractor categories.听
It will be more difficult for gig economy workers to achieve employee status here than it was to achieve worker status in Britain.
However, the Supreme Court ruling sets up a good foundation for the case to be made.
The union campaign for gig economy workers鈥 rights has to continue as the corporate giants fight back. Uber Eats drivers and riders are now required to hold聽, making it harder for drivers to argue that they are only employees.
This change was pushed by Uber Eats after it settled a case with a driver outside court to avoid the case being appealed to the Federal Court.
Kaine described the change as 鈥渁 sign of absolute desperation鈥. The TWU are pushing for a new independent tribunal to monitor the gig economy and ensure workers are not disadvantaged.
Opposition leader Anthony Albanese has committed Labor to improve conditions for gig economy workers if it is elected.
In February, Labor to make job security a priority including legislating for workers鈥 entitlements in insecure industries and for a cap on back-to-back short-term contracts for the same position. Daniel Mookhey NSW MLC has been named as shadow minister for the gig economy.
The , which opposed the government鈥檚 industrial relations 鈥渙mnibus bill鈥 said it is a priority to 鈥渙utlaw insecure work and protect gig economy workers鈥. Greens leader Adam Bandt has previously sought support for a private members鈥 bill to classify gig economy workers as employees, to allow them to receive minimum pay and rights.
Kaine said that the small improvements that have been won are 鈥渄own to the bravery and tenacity of food delivery riders鈥 and added that the union would continue to speak out against the 鈥淪ilicon Valley behemoths鈥.
nov_25_sydney_vigil_2_for_killed_uber_driver_credit_peter_boyle.jpg
