02 August 2021
A group of Uber drivers from Sydney and Melbourne have launched legal action in Australia’s Federal Court to determine whether they and thousands of other gig economy drivers are entitled to minimum rates of pay and other protections as employees, reports the Sydney Morning Herald. The four drivers, two from Sydney and two from Melbourne, allege Uber has breached the Fair Work Act by not keeping records of their employment, and by not providing pay slips. The court will need to determine whether drivers are employees or independent contractors conducting their own business, as asserted by Uber.
A spokeswoman for Uber said it had received notice of the court matter on Friday. “We will review it and respond in due course,” she said. “Australian courts and tribunals, including the Fair Work Commission, have consistently and repeatedly found that driver-partners using the Uber app are not employees of Uber.”
Harmers Workplace Lawyers, which represents the uber drivers, has enlisted Bret Walker and barrister Sheryn Omeri, who won a similar case against Uber in the UK.