NSW to introduce transport worker law reforms

The New South Wales government is set to introduce law reforms to offer greater protection to transport gig workers.

Alongside modernising the Industrial Relations Act relating to the road transport industry, the legislation follows the federal government’s recent gig worker and owner driver reform, aka the ‘Closing Loopholes’ bill.

The NSW government says it completed consultation with unions, the transport industry and communities before ultimately deciding the reforms are fit for purpose for the transport sector.

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The law allows transport gig workers to access the same legal protections currently offered to owner driver truckies, couriers and taxi drivers under the NSW Industrial Relations Act.

“All legislative protections that provide rights to workers, a fair playing field for employers and better safeguards for the community are to be welcomed, and these are ones that will save lives,” says Transport Workers Union national secretary Michael Kaine.

“For years, gig companies have exploited every loophole in countries around the world to wriggle out of ensuring decent standards for workers. The federal and NSW state oppositions not only refused to act, they rolled out the red carpet to this unconscionable behaviour.

“For too long, workers have been killed on our roads and transport businesses have struggled to survive under immense supply chain pressure. This action by the NSW government is a step towards a more level playing field, complementing Federal legislation that is well on its way to putting in place life-saving standards in road transport.

“These updates to NSW law are crucial to ensure workers don’t fall through the cracks in matters that fall to the states, and to balance the rideshare and taxi industries fairly and rationally.”

The reforms will allow platform companies, employers and unions to apply to the Industrial Relations Commission for binding determinations on workers’ pay and employment conditions.

Eligible gig workers in transport will be able to apply to the Commission to have contract determinations or agreements that regulate pay and conditions.

A key function of the changes is to ensure there are enforceable standards across road transport supply chains that make sure everyone can recover their costs.

“This new legislation will enable our Industrial Relations system to be fit for purpose when it comes to gig workers in the transport sector,” NSW industrial relations minister Sophie Cotsis says.

“The public relies on gig workers in the transport industry every day, and workers can rely on us for the same legal protections.

“This is an important step in supporting the thousands of gig workers to ensure they have the same industrial rights to access the industrial relations commission.”