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ARTICLE · 29 JANUARY 2018

FWC rules that Uber is not an employer in Australia… yet

The driver was found to be an independent contractor because he had a high degree of control over his hours of work.

AustraliaEmployment and HR

The tension between traditional employment law frameworks and the gig economy has come to the fore once again after the Fair Work Commission holds that an Uber driver is not an employee.

Traditional employment v the 'gig' economy

The 'gig' economy refers to the increasing use of short-term contracts and ad hoc engagements as a form of organising work - including digital platforms such as Uber, Deliveroo, Airtasker and Airbnb.
These digital platforms allow individuals to draw on otherwise unused assets, skills or services and provide them directly to others, organised through apps and other digital tools.

The short-term, flexible and ad hoc nature of gig economy work appeals to, or provides opportunities for, many people. However, these informal arrangements don't sit easily with traditional ideas of employment, which are based on providing certainty and minimum protections, even for casual employees. The gig economy is a new and large field in which the

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