Contracts between gig workers and platforms

What are my rights regarding changes to my job?

Important parts of the work arrangement are often not included in the contract a gig worker has with a platform, such as:

• pay rates
• the process used to set pay rates
• fees
• charges.

These arrangements often sit outside the contract and can be changed by platforms.

If you’re an employee, you are likely to have legal rights to be consulted about proposed major changes to your work. For more information visit the Fair Work Ombudsman.

If you’re a non-employee gig worker, you generally don’t have legal rights to consultation about changes to work arrangements, unless your contract with your platform gives you this right.

However, it is intended under Standard 1 of Victoria’s Voluntary Fair Conduct and Accountability Standards (the Standards), that platforms in taking a best practice approach to what they do, would consult and negotiate with non-employee gig workers and their representatives on work-related matters, including major changes at work. The Standards seek to encourage platforms to further improve their practices to ensure work arrangements are fair and transparent. Read more information on the Standards.

What can I do if I don’t understand my contract with my platform?

If you’re an employee, your contract can’t provide for less than your legal minimum entitlements. For more information visit the Fair Work Ombudsman.

For non-employee gig workers, Standard 2 of the Voluntary Fair Conduct and Accountability Standards (the Standards) encourages platforms to ensure that contract terms and conditions are clear and able to be understood.

If you can’t understand your contract, you should get help to do so. You can ask if your platform will agree to modify the contract terms so that it’s clear. The Standards seek to encourage platforms to further improve their practices to ensure work arrangements are fair and transparent. Read more information on the Standards.

You may also consider obtaining your own legal advice to help you understand the terms of your contract.

What types of arrangements in a contract with my platform might be unfair?

There are Federal laws to protect non-employee gig workers against unfair terms in certain contracts with platforms.

A contract term might be considered unfair if it:

• gives your platform a significant advantage over you
• is not necessary to protect your platform’s interests
• would harm you (financially or otherwise) if it were enforced.

Examples may include terms that allow a platform to:

• reduce the amount you can be paid for each completed job, without getting your agreement to the change
• change the services you supply without getting your agreement to the change
• decide (on its own) whether you have breached your contract.

Visit the Australian Competition and Consumer Commission for more information.

Victoria’s laws for owner drivers also provide protections from unconscionable conduct and unjust contract terms. For the purposes of Victoria’s owner driver laws, an owner driver is an independent contractor who runs a business transporting goods (not passengers) using up to three vehicles supplied by the owner of the business. The term ‘vehicle’ includes bicycles.

The owner of the business must also operate at least one of the vehicles. If you’re a non-employee gig worker using your own vehicle to deliver goods (including food), you’re an owner driver.

Visit Business Victoria for more information.

How should my platform deal with a concern I may have about my contract?

For employee gig workers, your contract can’t provide for less than your legal minimum entitlements. For more information visit the Fair Work Ombudsman.

For non-employee gig workers, Standard 2 of the Voluntary Fair Conduct and Accountability Standards (the Standards) is directed at encouraging your platform to ensure that the terms and conditions of your contract are clear and able to be understood by you.

Your platform ideally would have a process for you to raise concerns about your contract. If you think parts of your contract aren’t fair, you can discuss this with your platform. Your platform may then consider changing parts of the contract that you both agree are unfair or find other ways to fix the issue.

The Standards seek to encourage platforms to further improve their practices to ensure work arrangements are fair and transparent. Read more information on the Standards.

Where else can I get help about an unfair contract term?

If you’re a non-employee gig worker and you can’t resolve your concerns directly with your platform, there are other options for help, including:

• The Victorian Small Business Commission (VSBC). You can contact the Gig Worker Support Service for help with taking your dispute to the VSBC.
• The Australian Competition and Consumer Commission.
• Obtaining your own legal advice, including in relation to applying to a court to review any unfair terms in your contract.