ARTICLE · 23 JANUARY 2018

Uber drivers not employees according to the Fair Work Commission

McCullough Robertson

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Despite overseas support for Uber drivers, the FWC has found that Uber drivers are subcontractors, not employees.

AustraliaEmployment and HR

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WHO SHOULD READ THIS

Businesses that engage people to perform work in temporary positions or short term arrangements.

THINGS YOU NEED TO KNOW

The distinction between employment and other contracting arrangements can have a significant impact on the obligations and penalties that businesses are exposed to.

WHAT YOU NEED TO DO

Although there is no silver bullet to prevent a worker claiming that they are in fact an employee, employers can carefully assess any engagement entered into with someone who will provide work and have the terms of the relationship set out in an agreement.

On the first occasion the Fair Work Commission (FWC) has conducted a serious examination of Uber's operations, the FWC has found that Uber drivers are subcontractors, not employees.

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