Regulating digital labour platforms and supply chains: A preliminary assessment of the new road transport contractor and ‘gig’ worker protections in the Fair Work Act 2009 (Cth)

Abstract

The twin influences of gig economy business models and supply chain outsourcing have negatively impacted on the working conditions road transport contractors and gig workers.

Firstly, this presentation will briefly map out how these two influences have penetrated the Australian labour market (at times in combination) -especially in relation to the provision of road transport services. Secondly, and most importantly, the presentation will offer a preliminary interpretation of a new regulatory strategy designed to counteract these twin pressures. Specifically, the new ‘regulated worker’ provisions inserted into the Fair Work Act 2009 (Cth) by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 will be examined. These provisions are due to commence operating in August 2024.

The presentation will note that these legislative provisions will directly regulate contractor arrangements rather than deeming workers to be employees. The extent to which these new legislative provisions will adequately protect road transport contractors and gig workers by regulating business structures involving digital labour platform operators and lead firms at the top of supply chains/contractual networks will be assessed.

Zoom Link: https://uni-sydney.zoom.us/j/87318297451

Presenter

Dr Michael Rawling is an Associate Professor at the Faculty of Law at the University of Technology Sydney (UTS). He has more than 15 years’ experience teaching and researching labour law. A key focus of his research has been how to regulate business models (such as supply chains and gig economy arrangements) based on precarious work and deployed to avoid employment law. He is the co-author (with Professor Joellen Riley Munton) of the monograph Regulating Gig Work published by Routledge in 2024.