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ARTICLE · 15 JUNE 2020

Fair Work Com­mis­sion Full Bench con­firms status of gig worker

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Although she was not conducting a business in her own right, the Commission did not find her to be an employee of Uber.

AustraliaEmployment and HR
Michael Byrnes
Michael Byrnes
Emily Capener
Emily Capener
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The status of gig economy workers has been a source of extensive debate in recent years. Michael Byrnes, Partner and Emily Capener, Solicitor examine a recent decision by the Full Bench of the Fair Work Commission which confirmed that delivery drivers working for gig economy giant Uber Eats are not employees.

In Amita Gupta v Portier Pacific Pty Ltd; Uber Australia Pty Ltd t/a Uber Eats [2020] FWCFB 1698, handed down on 21 April 2020, the Full Bench of the Fair Work Commission confirmed that Uber Eats delivery drivers (engaged on the same basis as the Applicant) are not employees.

The matter was heard on appeal before President Justice Ross, Vice President Hatcher and Deputy President Colman, and considered an unfair dismissal application brought by Ms Amita Gupta against Portier Pacific Pty Ltd (Portier Pacific) and Uber Eats (Uber).

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Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

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