Promise check: Extend the powers of the Fair Work Commission to make orders for minimum standards for new forms of work, such as gig work

At the 2022 election, Labor promised to extend the powers of the Fair Work Commission to make orders for minimum standards for new forms of work, such as gig work. Here's how that promise is tracking.

(Image by ABC News: Jerry Rickard)

The rise of so-called gig work has been particularly acute during the pandemic, as lockdowns prompted more and more Australians to take advantage of services delivered straight to their door.

In February 2022, following a NSW Industrial Relations Commission ruling in which gig-style couriers were awarded minimum rates of pay, then shadow industrial relations minister Tony Burke said the question of whether no worker should be paid less than the minimum wage was "not complicated at all".

"It's actually really simple. No one should be paid less than the legal minimum. Full stop.

"An Albanese Labor Government will give the Fair Work Commission expanded powers to set minimum pay and conditions for all gig workers across Australia. We shouldn't have to wait for courts and tribunals in every state and territory to gradually catch up — we can make this change now."

The Fair Work Commission is Australia's workplace tribunal, which "create[s] awards, approve[s] enterprise agreements and help[s] resolve issues at work". It has rejected applications in the past on the basis that Uber drivers, for example, are not employees.

The pledge was repeated in Labor's policy platform, which said:

"Labor will extend the powers of the Fair Work Commission to include 'employee-like' forms of work, allowing it to better protect people in new forms of work from exploitation and dangerous working conditions.

"This change will allow the Fair Work Commission to make orders for minimum standards for new forms of work, such as gig work."

Assessing the promise

If legislation which gives the Fair Work Commission the power to make orders for minimum standards for gig work and other employee-like forms of work passes both houses of parliament within this term of government, this promise will be considered delivered.

Here's how the promise is tracking:

19 May 2023

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RMIT University acknowledges the people of the Woi wurrung and Boon wurrung language groups of the eastern Kulin Nation on whose unceded lands we conduct the business of the University. RMIT University respectfully acknowledges their Ancestors and Elders, past and present. RMIT also acknowledges the Traditional Custodians and their Ancestors of the lands and waters across Australia where we conduct our business - Artwork 'Sentient' by Hollie Johnson, Gunaikurnai and Monero Ngarigo.

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Promise check: Extend the powers of the Fair Work Commission to make orders for minimum standards for new forms of work, such as gig work