Proposed changes to the working lives of Queensland couriers has sparked an argument about how best to regulate the gig economy, with security and flexibility front of mind.
The new laws aim to expand the jurisdiction of the Queensland Industrial Relations Commission (QIRC) to set minimum entitlements and conditions for independent courier drivers and principal contractors.
Its intention is to balance the safety net for independent couriers' pay and working conditions while factoring in business costs and financial risk, a parliamentary committee report tabled on Friday says.
And while the new legislation is not targeted solely at gig economy workers, it has caught the attention of big players including Uber, Deliveroo, Menulog and DoorDash.
The policy is not designed to specifically apply to the platform-based businesses, however if they meet the definition of a principal contractor, they may be subject to a decision in relation to a contract determination by the QIRC, the committee was told.
Those critical of the approach argued that characteristics of "on-demand" work are fundamentally different from a typical day as a truck driver delivering foods from point A to Point B on a fixed schedule.
They argued it is undesirable to introduce separate regulatory regimes at the state level that may pre-empt national reform.
The federal government has indicated it intends to give the Fair Work Commission expanded powers to set minimum pay and conditions for all gig workers across Australia as a priority, the committee was told.
However, the Transport Workers Union said there could be value in state-based legislation, arguing a local approach can be tailored to certain areas and factor in things like tolls and the urban environment.
"Sometimes it is better to have a system that can be hyperlocal and only reflect one small agreement or one small geographic area," the report says.
Flexibility was identified as the key reason people work in the gig economy, and it was submitted that the Bill could deny their preferred way of working, potentially causing them to leave the labour market.
Stakeholders including Uber and Deliveroo gave evidence that this could have serious consequences for small businesses such as restaurants.
The parliamentary committee said it supported the policy objective of improving working conditions and safety for independent couriers, and is satisfied that the proposed changes is an appropriate means of achieving that goal.
However, provisions will only take effect if the Australian government agrees to exempt Queensland from federal independent contractor legislation.
"The department advised the Queensland government is in discussions with the Commonwealth regarding this exemption," the report says.
