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.
FWC President Adam Hatcher is seeking feedback before diving in to three TWU test cases seeking minimum standards orders for food and parcel delivery gig workers and owner drivers.
The FWC has continued to update its information about employment law changes due to take effect next week, publishing new details about the Closing Loopholes No 2 Act impact on casuals, unfair contracts and gig workers.
In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.
In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.
Workplace Relations Minister Tony Burke intends to amend the Closing Loopholes No 2 legislation so that "employee-like" workers in the gig economy and in road transport cannot "double-dip" in the federal and state IR systems.
