There are new minimum standards for employee-like workers who perform on-demand delivery work.
The new standards take effect on 17 August 2026.
New minimum standards order for on-demand delivery work
The Fair Work Commission (the Commission) has made a minimum standards order (the order) for employee-like workers who are engaged through a digital labour platformAn online service (such as app or website) that arranges for or helps facilitate work to be completed. For example, the delivery of food. (for example, a website or app) to perform on-demand delivery work.
Employee-like workers are a type of regulated workerA person who is an employee-like worker or a regulated road transport contractor. and can be referred to as a gig worker working in the gig economy. These workers are independent contractors and usually use a vehicle (such as a car or bike) to deliver items to customers.
Minimum standards orders are legally enforceable orders that set rules about pay and conditions for certain regulated workers and regulated businessesA business that hires contractors in the road transport industry or a digital platform operator who enters into or facilitates a services contract under which employee-like workers perform work.. This is the first minimum standards order that the Commission has issued.
Who the order covers
The order covers employee-like workers who are engaged through an application (or app) operated by a digital labour platform operator to mainly pick up food, drinks, alcohol or groceries from a business and deliver them to the customer as soon as possible.
The order also covers the digital labour platform operators that engage these workers.
The order doesn’t cover employee-like workers using a vehicle with a carrying capacity of more than 1 tonne.
When the order applies
The order takes effect on 17 August 2026.
The Commission is currently considering other applications for new minimum standards orders that would cover employee-like workers and road transport contractors who perform ‘last mile’ delivery work.
It will review this order if it issues a notice of intent and draft minimum standards order for either of these applications.
For more information about these applications, go to TWU regulated worker minimum standards orders applications (MS2024/1-3).
Terms included in the order
The order includes terms about:
- minimum pay rates
- providing a gig worker information statement
- vehicle repairs, registrations and expenses
- record-keeping
- fines and insurance
- consultation about significant changes
- establishing a platform feedback forum for discussions with workers
- right to unpaid time away
- providing certain information to employee-like workers
- workplace delegates rights
- dispute resolution.
To read about these terms in more detail, go to Interim On-Demand Delivery Employee-like Worker Minimum Standards Order.
What you can do now
We’ll have more information available about the order on our website soon. Please keep checking back here for updates. To be notified when our information is updated, subscribe to our email updates.
You can also:
- access the order: Interim On-Demand Delivery Employee-like Worker Minimum Standards Order
- read the Commission’s decision
- find more information, including a fact sheet, from the Commission’s major case page: TWU regulated worker minimum standards orders applications (MS2024/1-3)
- make sure you’re subscribed to receive updates from the Commission (including on its review of the order): Subscribe to email updates.
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