The New South Wales (NSW) government, under Premier Chris Minns' Labor administration, has released draft legislation aimed at extending significant new protections to gig workers in the transport sector. This move seeks to modernize the state's industrial relations laws and address the increasingly precarious nature of work in the gig economy.
Key Provisions of the Proposed Legislation:
The proposed changes, which are now open for industry and stakeholder consultation, are designed to bring gig workers under the umbrella of existing protections currently enjoyed by owner-driver truck drivers, couriers, and taxi drivers. Here's a breakdown of the key elements:
- Equal Legal Protections: Gig workers in the transport industry (including rideshare drivers) would gain access to the same legal protections as traditional transport workers under Chapter 6 of the NSW Industrial Relations Act.
- Industrial Relations Commission (IRC) Powers: Platform companies, employers, and unions will be able to apply to the NSW Industrial Relations Commission for binding determinations on gig workers' pay and conditions of employment. The IRC will be mandated to consider fairness, reasonableness, economic efficiency, and productivity.
- Addressing Historical Exemptions: The draft legislation aims to correct a historical anomaly that prevented milk, cream, and bread delivery drivers from accessing the same protections as other transport workers.
- Supply Chain Liability: The government is exploring new "accessorial liability" offenses to hold accountable those who break the law within the transport supply chain. This aims to ensure enforceable standards across the industry.
- Federal Alignment: The proposed changes are intended to be complementary to the Federal Government's own gig worker reform efforts.
- Exemptions:
The existing exemptions for transport of livestock will remain.
What This Means for Gig Workers:
This legislation, if passed, would represent a major shift in the legal landscape for gig workers in NSW. It would provide them with a formal avenue to seek fair pay and working conditions, potentially leading to improvements in their overall economic security. It could also set a precedent for other states and territories in Australia.
Dylan Anderson
Consultation Process:
The NSW government is actively seeking input from industry stakeholders, including platform companies, unions, and gig workers themselves. This consultation period will inform the final version of the legislation.
Minister's Statement:
NSW Minister for Industrial Relations, Sophie Cotsis, emphasized the need to modernize the state's industrial relations system: "We need to ensure our Industrial Relations system is fit for purpose. The public relies on gig workers in the transport industry every day, and workers can rely on us for the same legal protections."
Dylan Anderson
Dylan Anderson
