The ‘gig’ is up for now… FWO withdraws against Foodora and Uber wins again

Michael Cochrane (Special Counsel) and Adrian Faelli (Lawyer) share their insights on the latest trends in the gig economy. Last month, the Fair Work Ombudsman (FWO) decided to discontinue its well-publicised Federal Court underpayments claim against Foodora Australia following the company’s administration and subsequent exit from the Australian market.  While gig economy businesses (and businesses … Read more

Tough gig for workers

By Michael Cochrane (Senior Associate) and Stephanie Koumbarakos (Trainee Lawyer) In May 2018, Greens MP, Adam Bandt introduced the Fair Work Amendment (Making Australia More Equal) Bill into parliament.  The bill is targeted at gig economy workers (also known as “sharing” economy workers), such as Ubereats drivers and Deliveroo bicycle riders. Currently, these workers are considered … Read more

Uber still not an employer (according to FWC), but for how long?

Late last month an Uber driver was unable to convince the FWC that he was an employee for the purposes of unfair dismissal protection.  DP Gostencnik categorically rejected the applicant’s argument that a recent 2016 UK Employment Tribunal case which found an Uber driver was a “worker” should be applied in Australia noting that the legislation … Read more