The lack of a "work–wages bargain" with
respect to the Australian operations of Uber, as analysed by the
Fair Work Commission in a recent case meant that a Uber driver was
not an employee. The lack of such relationship in other IT
platforms which facilitate provision of services may, at present,
mean that related service providers are not employees at common
law. Legislative change would be required to change the law to
adapt to the "Gig Economy" in order for such
relationships to be seen as one of employment.
Fair Work Commission Uber Decision – Kaseris v Rasier
Pacific V.O.F. (U2017/9452)
A driver who had his services agreement with a Uber partnership
terminated because of failure to maintain an adequate overall
driver rating was recently found not to be an employee when he
bought an unfair dismissal application. This resulted in the
application being dismissed.
