Gig workers

How we can help

The Victorian Small Business Commission (VSBC) can help resolve disputes between gig workers and their platforms where the gig worker hasn’t been able to resolve the matter directly with their platform.

Gig work is work that’s accessed through or organised by digital platforms (websites or apps). These platforms match people that need work done with people who want to do that work.

Gig workers can be employees or independent contractors (non-employees). Learn more about the difference and how to access help to clarify your work status.

Disputes can be:

  • where the gig worker is experiencing payment issues
  • where the gig worker thinks they’re being treated unfairly by their platform (e.g. if the worker thinks the closure/deactivation of their account is unfair)
  • over rights and entitlements under Victoria’s owner driver laws
  • over unfair contract terms – and more.

We offer dispute resolution services to independent contractor gig workers under the following legislation:

  • Owner Drivers and Forestry Contractors Act 2005, which provides protection for owner drivers transporting goods only – this includes gig workers using their own vehicle to transport goods, including food delivery (such as DoorDash and Menulog)
  • Small Business Commission Act 2017, which enables the VSBC to help resolve general business-to-business disputes for a broad range of gig workers, including rideshare drivers who transport passengers (such as Uber and DiDi drivers) and workers who provide care services including disability support, domestic services and a variety of other tasks (such as Mable and Airtasker workers)

Our specialised alternative dispute resolution services are effective, confidential and impartial.

We provide free help early on and can progress more complex matters to mediation. This is where an independent mediator helps the gig worker and their platform to negotiate a fair agreement, without the need for court. The mediation fee will be waived for gig worker applicants.

We can also arrange for an interpreter to assist at each stage of the process at no cost to either party.

Gig Worker Support Service

On 1 May 2023, Industrial Relations Victoria launched the Gig Worker Support Service (GWSS) to improve fairness and support for gig workers across the state.

Their role includes providing information and advice about services that can help gig workers working in all industries, including:

  • transportation
  • food delivery
  • disability support and aged care
  • creative industries (e.g. graphic design, writing, photography, videography)
  • information technology (e.g. coding, software development)
  • psychological counselling
  • domestic services (e.g. cleaning, home maintenance).

Gig workers who find themselves in a dispute with their platform can contact the GWSS, who can assist them to:

  • understand their rights, protections and entitlements under workplace and related laws
  • make informed decisions about working for a platform
  • resolve disputes by putting them in touch with agencies and other services that can assist – including the VSBC.

Gig workers can also apply directly to the VSBC via our help portal.

The GWSS also administers the Voluntary Fair Conduct and Accountability Standards to improve gig work conditions, and helps platforms to understand and implement these standards.

More information

For more information, you can speak with a member of our team by calling 1800 878 964 or emailing us.

 

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