Better workplace protections for rideshare, food delivery and truck drivers

Australia’s gig workers, including rideshare, parcel and food delivery drivers, as well as truck drivers, will soon have better protections to prevent them from being unfairly let go from work. 

Currently, there are no consistent national rules governing the termination of these workers’ contracts, or remedies when contract terminations or deactivations occur unfairly.

From 26 February 2025, the new Digital Labour Platform Deactivation Code and Road Transport Industry Termination Code will both come into effect to address this point.   

The Digital Labour Platform Deactivation Code is a world leading reform which means that from 26 February 2025 digital platform businesses covered by the Code must follow a fair process before deactivating an “employee-like” gig worker. 

Gig workers will have a new right to discuss a proposed deactivation with the digital platform business, and have their response considered by a human - delivering a proper right of response for workers, so that they can understand the decision, and appeal it if they think it’s unfair.

The Road Transport Industry Termination Code means that from 26 February, truckies will need to be given a fair process by road transport businesses before their contracts are terminated.

Both digital and trucking businesses will still be able to terminate a worker’s contract or deactivate a worker for a valid reason relating to their capacity or conduct. A digital or trucking business’ ability to let someone go if they engage in serious misconduct is not affected by these Codes.

Minister for Employment and Workplace Relations Murray Watt said these reforms were another step in the Albanese Government’s reforms to ensure Australian workers have secure jobs and better pay.

“For a long time, digital platform and road transport businesses have been able to punt gig workers like rideshare and food delivery drivers off their apps without notice, or terminate truckies’ contracts without a fair process, effectively cutting off their income with the snap of their fingers,” Minister Watt said. 

"If eligible gig workers and truckies believe they were unfairly treated, they will now have - for the first time - access to a simple, low-cost process to apply for reinstatement. 

“The process is fair and transparent, and prioritises better communication. It’s not unreasonable to expect a review of a decision to essentially sack or suspend a gig worker to be made by a real person, not a robot.” 

“We are grateful for the engagement we’ve had with platform businesses including Uber, Menulog and Doordash, as well as road transport industry businesses and unions, who have worked with us constructively on these world leading reforms. They know that better standards for gig and road transport workers are better for business, better for customers and better for the wider community as well.” 

The Fair Work Commission has been given extra powers to help gig workers and road transport workers. 

If matters are referred to the Fair Work Commission, it would have to consider whether the platform or road transport business complied with the relevant code. 

If the relevant code was not complied with and the deactivation or termination was found to be unfair, the Commission can order a remedy – including reinstatement. These protections are subject to a six-month qualifying period. 
  
The codes have been informed through in-depth stakeholder consultation to ensure we get the balance right and recognise the unique nature of digital platform work and the road transport industry. 

More information on the unfair deactivation and road transport termination provisions can be found at: Unfair deactivation or termination for regulated workers | Fair Work Commission 

Additional information: 

The unfair deactivation and termination protections are part of the Albanese Government’s world-leading Closing Loopholes legislation, to stop the undercutting of workers’ pay, conditions and safety.   

Through Closing Loopholes, the Fair Work Commission also now has the power to set enforceable minimum standards for ‘employee-like’ workers in the gig economy and road transport workers.  

It is currently considering four applications for standards under this framework, including an application for minimum standards for food and beverage delivery gig workers.