Minimum conditions for gig workers, which extend to online marketplaces like Airtasker, and pay rules for labour hire, expected to target BHP and Qantas, will require employers, contractors or digital platforms to litigate to avoid being caught.
“Many of the decisions will now be out of the hands of businesses, employees, and the legislature, and in the hands of over-stretched, unelected officials at the Fair Work Commission leading to delay, cost and confusion.”Minerals Council of Australia chief executive Tania Constable said the changes “are some of the most extreme, interventionist workplace changes that have ever been proposed in Australia”.
ACTU secretary Sally McManus said, “laws that are about making sure people get that absolute bare minimum are modest, fair changes.” Service contractors like Downer and CIMIC could also be exempted, but they would first have to prove so on a case-by-case basis through a six factor test, which includes how much their work is of an expert nature and the extent to which they supervise the work.
He said the inclusion of bonuses and other payments to calculate ‘same pay’ were “unreasonable and will kill off competitive and flexible labour hire services”.