While gig workers have relatively recently received new rights regarding the deactivation of their accounts, Uber and other large online platforms continue to be criticised for their treatment of drivers.
It is becoming an ongoing trend that gig workers are receiving more protection in the workplace. Allowing for more job security and less fear that their income is going to be cut off without due process. This article will explain the history of gig workers, their poor working conditions, and why it has become necessary for gig workers to be more protected.
New rules to protect you driver
Earlier this year, the Fair Work Commission had allowed gig workers to lodge claims to argue that their accounts have been unfairly deactivated. One of the ongoing concerns in gig work is that accounts will be deactivated without notice or good reason. This was an issue as these workers did not have a place to complain to, or appeal the decision. Often being met with AI bots and vague answers.
The issue of deactivated accounts does not just mean they’re not allowed on the platform. But individuals who have been using the platform for years, with good reviews, all of the sudden shut off from their income. While other types of employment will have more job security with increased length of tenure, gig workers are not given the same luxury.
Not only is there a new form, but new legislation to uphold that gig workers should be given “employee-like right”. This includes the requirement for online platforms that organise gig workers to issue warnings prior to considering deactivation. Furthermore, they must organise that the gig worker talk to a representative of the platform. Avoiding circumstances when workers can only talk to AI.
History
‘Gig work’ became more popular in the mid-2010’s, particularly after the economy crashed in 2009. Individuals were coming up with new ways to make money and supplement their income. Then gig work became more mainstream after the hype of Uber and UberEats. With the influence of the Covid-19 pandemic, gig work has become an accessible employment option for many Australians.
Gig work is only possible due to evolving technology and the underutilisation of human resources. Individuals wanted more flexibility, control, and immediate work. Over time we have seen how gig work has replaced other jobs, such as taxis and store/location specific delivery drivers.
As gig work has emerged as a new type of employment, not quite fitting in the mold of an employee or a contractor, new legislation was needed in order to appropriately manage these new workers. Following international trends, protecting gig workers has been a new and required development in employment law.
Accessibility
This new form has similar prerequisites to an unfair dismissal case. The worker must have been working on the online platform for a net of six months. A claim must be lodged within 21 days of their account being deactivated. Furthermore, the worker cannot earn more than the high income threshold of $183,100.
These rules enforce continuity and a framework for claims to be lodged. Gig workers can commence work relatively quickly, and on their own time. There is less structure and continuity than traditional employment.
It’s important to comply with the requirements needed in order to lodge an unfair deactivation claim. As the claim and legislation is relatively new, there have been limited claims that have successfully gone through the Fair Work process. However, a number of claims that have been lodged have failed due to not complying with the necessary requirements.
Fang v Raiser Pacific Pty Ltd [2025] FWC 1917
This claim did not successfully go through the Fair Work process as the deactivation occurred prior to when the legislation came into effect. Furthermore, the requirement for a worker to have a net six months service was calculated from 26 Aug 2024 onwards, which this worker did not yet meet.
Derow v Raiser Pacific Pty Ltd [2025] FWC 2062
In this case, the work I had lodged their claim 12 days past the 21 day cut off. The Applicant argued that the delay was due to lack of communication from Uber. Saying it takes 7 to 10 days to review an appeal. He had tried to contact the company numerous times, however he only received automated replies.
When arguing his case, the Deputy President did agree with the worker that Uber’s automated support was ridiculous and “mind-numbing”. However, that was not enough to grant the worker an extension.
These cases highlight that while the legislation is quite new, that does not mean that the Fair Work permission will be any more lenient. Nor will they allow exceptions that should not be granted.
A winning case
In saying that, a recent case has successfully gone through the Fair Work Commission and a decision has been awarded. An Uber driver has been awarded six weeks wages, and the reactivation of his account, after his account was deactivated due to false allegations. This case is the first of its kind, where Uber has finally been reprimanded and held responsible for their actions.
It was noted in the decision that Uber has strategically resolved matters prior to a decision coming out in order to avoid the reprimand. In reality, they should be implementing the steps to avoid deactivation in the first place.
This decision was important as the previous decisions would side with the online platform and there was limited success for gig workers. However, a part of the lack of success would be due to the quality of the claim lodged. Additionally, there is a chance matters were resolved quietly and confidentially that would be outside our purview.
Out of control
It is not a coincidence that Uber, and their operations provider, Raiser Pacific Pty Ltd, are under scrutiny in the Fair Work Commission. Uber and other ridesharing apps have been scrutinised for years over their treatment of gig workers. Many often say that they are underpaid and do not have enough safety protections.
Recently, the ABC News have published a story where rideshare drivers feel that they’re being forced to drive ridiculous hours in order to earn enough to survive. Uber sets a driving limit of 12 hours in order to prevent fatigue. However, new drivers quickly learn how to bypass these time limits by using multiple online platforms in order to drive sometimes up to 18+ hours.
Driving for long periods not only can cause fatigue, but other health risks. Humans were not designed to sit in a confined space for so long. Which has the ability to create physical health symptoms. Additionally, driver’s mental health may suffer as some report feeling lonely or detached from their lives.
Dangerous and hazardous driving
There is no secret that fatigue courses accidents, and the matter should be taken seriously. Therefore, there is an overarching question as to why drivers feel as though they have to be driving to such an extent. The answer is that approximately 45% of drivers earn less than the minimum wage once costs are deducted
This poses serious safety concerns if drivers are driving passengers while fatigued. Additionally, many individuals start a gig job as it provides more flexibility or accessibility than a traditional ‘9 to 5’. For many, it is the only viable source of income where ‘traditional’ employment may not be an option.
Over the years, there have been a number of incidents where drivers have died while working. In one incident in 2023, a young 22 masters student died in Sydney while driving for Uber Eats. He died in a fatal car crash. Backlash arose and arguments were made that gig workers needed to be more protected with basic rights so they don’t feel forced to work above their means.
Not only do drivers have to worry about their own actions and capabilities, but also their surroundings. They have an increased chance of other drivers not seeing them if they’re on a smaller vehicle, like a scooter. Additionally, the risk of driving in incredibly poor or dangerous weather.
Lack of protection
Another issue that plagues gig workers is a lack of protection while they’re on the road or otherwise trying to complete tasks. Rideshare drivers are particularly vulnerable with customers often sitting behind them. An incident was highlighted last year when a driver in Launceston, Tasmania, was held at knife point while they stole his phone.
Another issue that drivers have reported previously is the risk of their car being carjacked while they’re trying to complete their rides. The Victorian Police has made a statement advising drivers to be cautious while driving. Not to pursue a perpetrator, but to call 000 and wait for the police. Additionally, they advised to make notes regarding the individuals. Their hair colour, height, etc.
Carjackings highlight another risk for ridesharing, that is the risk of needing to use the individual’s personal items to complete jobs. Constantly vehicles are at risk of being damaged, dirtied, or otherwise stolen. Where most independent contractors can organise their rates to cover the risks and costs of being a contractor, most gig employees do not have that luxury.
Future rights and protections
Gig work is not going to go away, it is actually becoming an increasingly more popular option around the world. Which is only further supported as demand grows and things that were previously luxuries (such as delivered food, and professionals at the tap of a button) are becoming more of an everyday normality.
Gig workers continue to fight for additional protection and regulation to their jobs. Increase their workplace safety, and ensure accountability of customers in their vehicle and care. And introduction of penalty rates for times that are less desirable but still in demand.
Gig worker refuge
In an attempt to provide refuge, a former gig worker, Andrew Copolov, had created a safe place to rest. Many people don’t consider how their delivery drivers are often on scooters, and generally don’t have access to privacy or a quiet spot between runs. Coupled with drivers often working for many hours at a time, they need a break room.
Mr. Copolov, an individual who understands the perils of gig work, has created just that. In the heart of the Melbourne CBD he has created a break room for gig workers. A place for them to use the bathroom, charge their devices, eat lunch, and more. It’s a warm place to relax.
This solution helps in preventing fatigue amongst drivers, and improves their employment experience. It humanises the individuals that may be taken for granted, and are often relied upon as a last minute solution. Whether that be to pick up something important, or organise last minute dinner.
Rights for all employees
These changes to gig worker rights is a step in the right direction to provide support to more working Australians. In an area that has seeped through the cracks of employment law, they are now being heard. As technology develops, and the employment landscape changes, it’s likely that new rules and regulations will be implemented for the future.
