A "high-stakes" case set to test whether State workplace protections extend to independent contractors under the Fair Work Act has been set down for a three-week trial beginning in May, after Federal Court Chief Justice Debra Mortimer agreed that having enough time to assess witnesses is "critical" in such proceedings.
An Amazon Flex driver's late bid to challenge his deactivation for entering a home can proceed after a FWC full bench weighed the gig company's "confusing and ambiguous" communications and the driver's personal circumstances that included suicidal ideation and a sick wife.
A self-represented Uber driver has fired back at attempts by the rideshare company to have the FWC throw out the first substantive test of its new unfair contracts powers, arguing that his application is based not on "desired terms or speculative grievances" but on "realworld" experience.
In the first jurisdictional objection win for a worker claiming unfair deactivation, the FWC has ruled that Uber and Uber Eats are one and the same, finding a worker can pursue his application because he cumulatively performed delivery and driving work for Uber for more than six months.
Academics say Menulog's abandoned bid for an on-demand delivery services award holds the clues to tensions and challenges likely to confront those attempting to establish the rules of the game for employee-like workers more broadly.
The big banks and retailers are resisting the TWU's novel application to urgently bring together all the parties involved in the cash-in-transit contractual chain for discussions at a conference tomorrow, foreshadowing that they are likely to challenge the FWC's power to entertain the case.
FWC President Adam Hatcher has directed the Road Transport Advisory Group to start consulting on Menulog's claim for a gig economy delivery award, TWU bids for minimum standards and contract chain orders, and a veteran truck driver's application to vary the long distance road transport award.
FWC President Adam Hatcher has moved to reassure transport industry employers that the TWU's minimum-standards test cases for gig workers and "last-mile" deliveries will not be hijacked by an advisory group set up by Workplace Relations Minister Murray Watt, promising "genuine engagement" and emphasising that the Commission retains control of the "deliberative processes".
The Australian Industry Group is urging the FWC to take a "cautious approach" to the TWU's employee-like and road transport minimum standards test cases and meaningfully engage with industry to avoid the "mistakes" of past road transport regulatory regimes and seeks to limit the involvement of the Road Transport Advisory Group.
