The classification of platform workers in the australian context

Abstract

This article considers the issue of classification of platform workers in Australia and it is motivated by the uncertainty that persists with this issue as well as the negative impacts that may arise for workers and platforms in such an environment. We contend that awaiting a decision of the High Court, that may provide clarification on the correct classification of platform workers, is not a preferred option for resolving the issue. Introducing a third category of worker to the existing categories – employee and independent contractor – has the potential to introduce its own complexities. Another option is a legislative intervention whereby existing legislation would be amended to deem platform workers to be employees. We argue that a better alternative is for the Australian legislature to enact a legislative definition of employee similar to that in the Employment Relations Act (New Zealand) s 6(1)(a). A principle-based approach to drafting the provision, and a purposive approach to its interpretation appear to be effective means of addressing the indeterminacy that has pervaded the platform worker classification issue in Australia.