Conditions and pay information for gig workers

Employees and non-employee gig workers are free to (or not to) join a union. Visit the Fair Work Ombudsman for more information.

Most gig workers don’t get paid sick leave by their platforms. However, under the Sick Pay Guarantee, some gig workers, who don’t have access to paid leave in any job, are eligible to receive sick or carer’s pay from the Victorian Government. Check whether you’re eligible.

Eligible workers can access up to 38 hours of sick or carer’s pay per year under the scheme, paid at $23.23 per hour. Workers must sign up for the guarantee before claiming sick or carer’s pay. You can’t claim sick pay for absences before the date you signed up for the Sick Pay Guarantee.

Find more information about the Sick Pay Guarantee.

Employees and independent contractors can sign up for the Sick Pay Guarantee, as long as they meet the eligibility requirements listed below. However, independent contractors are only covered if they don’t employ anyone else to work for them. Find more information for independent contractors.

You must sign up to the Sick Pay Guarantee before you can access sick or carer’s pay. You are eligible to sign up if:

• you have the right to work in Australia
• you're 15 or older
• you go to work in Victoria
• you're working an average of 7.6 hours or more each week in at least one eligible job
• you don’t have access to paid leave entitlements (including at any other jobs you work).

Eligible jobs include rideshare drivers, delivery riders and certain care workers. If you can’t find your exact job title, you may select a similar job title, as long as it still applies to the kind of work you do. For example, a rideshare driver might select ‘taxi driver’ or ‘chauffer’, or a food delivery rider might select ‘fast food delivery driver’ or ‘grocery deliverer.’

You need to provide certain information and documents to Service Victoria when you sign up. Find more information about what is required.

To be eligible to claim sick or carer’s pay, you must:

• miss work because you’re ill or injured, or because you’re caring for a loved one or household member.
• not earn any other money in the period you’re claiming sick or carer’s pay for (for example, from another job)
• submit a claim through your Service Victoria account within 60 days of your absence.

You must claim a minimum of three hours’ pay per day, and you may claim up to 12 hours for a single day. For some claims, you might be asked to provide a roster to prove that you missed work. If you don’t have a roster, you can provide other kinds of evidence instead. Find more information about what evidence may be required.

Superannuation (often called super) is money set aside during your working life for when you retire.

If you’re an employee, your platform is generally required to pay minimum amount into your superannuation account. For more information visit the Australian Taxation Office.

There is an expanded meaning of ‘employee’ in the superannuation law. Independent contractors (in their capacity as individuals) who work under a contract that is wholly or principally for their labour are considered to be ‘employees’ and entitled to superannuation payments. Platforms usually aren’t required to make superannuation contributions for non-employee gig workers unless the worker meets the expanded definition of ‘employee’ in the superannuation law. To find out more visit the Australian Taxation Office.

For employees (including any non-employee gig workers who are treated as employees under superannuation laws) your platform is generally required to pay a minimum amount into your superannuation account. The minimum amount payable is the superannuation guarantee (SG) rate of your ordinary time earnings (OTE). The current SG rate is 11 per cent of your OTE. For more information on superannuation, and how to check your superannuation balance, visit Australian Taxation Office.

If you think your platform is not paying you the correct amount of superannuation, you can make a complaint to the Australian Taxation Office (ATO). The ATO is responsible for investigating and recovering unpaid superannuation.

If you’re an employee:

• your platform will generally withhold money from your wages to pay to the Australian Taxation Office (ATO) on your behalf.

If you’re a non-employee gig worker:

• you must manage your own tax obligations, including calculating how much tax you owe and paying that tax. This may include income tax and goods and service tax (GST). The Australian Taxation Office (ATO) has information to help you understand your tax obligations.

For more information about tax obligations, visit the ATO’s website.

All rideshare drivers (that is gig workers transporting people as opposed to transporting goods) must:

• register for GST, regardless of their annual GST turnover
• lodge a business activity statement (BAS), either monthly or every three months.

For more information on tax obligations for rideshare drivers, visit the Australian Taxation Office.

Your visa conditions should set out your working rights. You should check your visa conditions before accepting work from a platform. If you’re unsure whether your visa lets you work for a platform, you can contact the Department of Home Affairs.

Employees generally have legal rights to be consulted about major changes to their work. For more information visit the Fair Work Ombudsman.

Non-employee gig workers generally don’t have legal rights to consultation about changes, unless the contract with the platform provides for this right. However, under Standard 1 of the Voluntary Fair Conduct and Accountability Standards (the Standards), 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.

If you want some support to find new secure work, you can contact Jobs Victoria.

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 (such as food) you’re an owner driver.

In certain circumstances, there are legal requirements for platforms to provide owner drivers with certain materials. These materials may include:

• the owner driver information booklet
• owner driver rates and cost schedules
• a written contract, including:
  • guaranteed minimum hours of work or income level
  • rates to be paid
  • minimum notice to end the contract or payment to be made instead of notice.

These legal requirements are contained in the Owner Drivers and Forestry Contractors Act 2005.

Owner drivers also have protections in relation to:

• raising health and safety issues
• claiming their rights under the Owner Drivers and Forestry Contractors Act 2005 or the Code of Practice
• seeking to negotiate a proposed engagement or contract or to renegotiate an existing engagement or contract.

Find more information on the rights and entitlements that may apply to you as an owner driver.