Curious: - Anyone every tried taking Uber to Fair-Work?

I understand that Uber's stance is that drivers are independent contractors, not employees.
However there is a concept known as "Sham Contracting", and my understanding is that it is essentially unlawful for an employer to force you into contracting purely so they can pay you less?
Also, the Uber arrangement would appear to me to not comply with with some of the requirements to be deemed a contractor.
  1. Payment is for personal service
  2. You are not able to engage anyone else to do the work
  3. You are paid for time, rather than for a result.
Obviously it would come down to Fair-Work's opinion, and whether they were prepared to take it further.

Has anyone asked?
 

Uberpplme

New Member
Yes!

Google "fair work Australia and uber". FWO investigation into Uber was initiated a couple of months ago and is ongoing.
 

DH_uber

Active Member
I understand that Uber's stance is that drivers are independent contractors, not employees.
However there is a concept known as "Sham Contracting", and my understanding is that it is essentially unlawful for an employer to force you into contracting purely so they can pay you less?
Also, the Uber arrangement would appear to me to not comply with with some of the requirements to be deemed a contractor.
  1. Payment is for personal service
  2. You are not able to engage anyone else to do the work
  3. You are paid for time, rather than for a result.
Obviously it would come down to Fair-Work's opinion, and whether they were prepared to take it further.

Has anyone asked?

I was curious to know what rock you have been hiding under ???
 

Nigel L

Member
Only if you plan not to drive for Uber anymore, that my answer to your question. In the meantime, all drivers should keep proper records of their time online.
 
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