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On-demand food delivery platforms such as UberEats, Deliveroo, Menulog, and DoorDash have long relied upon classifying the persons who deliver orders as independent contractors to facilitate the services offered by their platforms. However, the recent case of Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 (the Deliveroo Case), may mark a landmark change and mean the delivery partners working for these platforms will be classified as employees and receive entitlements as such.
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Recent amendments to the Fair Work Act 2009 (Cth) (FWA) have provided significant update to the applicable definition of ‘casual employee’, as well as conferring certain new obligations on relevant employers.
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With the rising prevalence of technology driven ‘gig workers’, judicial, political and social conversation have begun to question the traditional definition of ‘employee’.
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A decision by the Fair Work Commission will give employees access to 5 days of unpaid family and domestic violence leave each year.
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Yielding greater clarity surrounding workers’ entitlements when engaged in multi-hiring arrangements, the Federal Circuit Court of Australia (the Court) has declared that employees who hold several “separate and distinct” part-time positions cannot calculate overtime and additional entitlements on the grounds of combined hours.
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