New Fair Work legislation clarifies entitlements for gig workers
An employee's right to disconnect and the status of gig workers are part of sweeping changes to Fair Work legislation that come into effect tomorrow. Australian workers will be able to refuse 'unreasonable' communication with their employers outside of work hours. And gig workers will now be classed as "employee-like,” meaning businesses must consider the legal status and rights of workers more carefully. Industrial relations expert John Buchanan says it’s a step in the right direction.
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00:00Probably one of the biggest gaping holes in our system of labour law is between what's
00:09called independent contractors and employees, and this has been an area of profound uncertainty
00:16and basically a massive get-out-of-jail-free card for many employers.
00:24This law says they're creating a whole new category of work to try and get around this
00:31problem of whether you're an employee or whether you're a contractor. It actually says if you are
00:37working off a platform, if you have the characteristics of a gig worker, you have basic
00:44entitlements which will be determined by the Fair Work Commission. But once again, these are basic
00:50entitlements for pay. There is some capacity for penalty rates if you're working outside of
00:55standard hours, but this is all to be determined by the Fair Work Commission.