Uber Decision: Old Structures Versus New Thinking

Today’s Supreme Court decision on the Uber case effectively jams a new way of thinking about work into old legislative structures, says the EMA (Employers and Manufacturers Association).

"While the decision is restricted to the four Uber drivers for whom the case was brought forward, it effectively demonstrates that current employment law does not deal with platform work," says the EMA’s Head of Advocacy, Alan McDonald.

"The cases cited in the decision are precedents set under laws that largely predate platform-style working and the Supreme Court has clearly made its ruling based on those precedents.

"But the decision also noted that as well as meeting tests to be regarded as employees, there were also strong arguments supporting the position that the drivers are contractors.

"That’s the uncertainty around platform-based work arrangements; they are new and different and often provide a gateway into work or a viable alternative form of work for many people."

McDonald says the proposed Employment Relations Amendment Bill offered some further clarity on defining contractors in a more flexible working environment but that has been delayed until December 24, awaiting the report back from the select committee.

"You would expect further claims to be made by platform-based workers in the interim, if they are dissatisfied with their current employer arrangements."

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