Unions want Labor's proposed minimum conditions for gig workers expanded to cover independent contractors operating offline.

Sally McManus, Secretary of the Australian Council of Trade Unions (ACTU), outlined these proposed changes as part of an agenda regarding the Albanese government's “Closing Loopholes Bill”. 

She says the union wants to eliminate small business exemptions from these regulations.

However, business associations are vehemently opposing these moves, deeming them “impossible” and “unjustified”. 

The government's bill, which introduces wider casual conversion rights and penalties for wage underpayment, has been referred to a Senate inquiry set to report back on February 1.

McManus contends that these proposed changes will significantly enhance worker rights, safety, and wage growth. 

Nevertheless, unions express disappointment over the inclusion of exemptions for small businesses. 

“We shouldn't have a system where you are less protected or have fewer rights because of who your employer is,” McManus says. 

Unions are also advocating for gig economy and labour-hire workers to enjoy the benefits outlined in the bill.

The ACTU believes that gig worker rights should extend to “employee-like” workers who are not engaged on digital platforms, citing freelance journalists as an example. 

They also argue that the “same job, same pay” principle should apply beyond workplaces with enterprise agreements, provided host employers can determine the pay rate for directly engaged workers.

The bill currently grants the workplace minister the authority to expand the coverage of labour-hire laws to additional worksites through regulation. 

However, limiting this expansion to enterprise agreements was seen as a means to straightforwardly implement the “same job, same pay” principle.

Under the proposed gig worker regulation, minimum conditions would apply to any independent contractor on a digital platform, provided their pay is equal to or less than that of comparable employees. 

Critics argue that these laws establish a double standard, as they do not cover independent contractors when they work outside of digital platforms.

Australian Chamber of Commerce and Industry CEO Andrew McKellar strongly opposes these moves, stating that such proposals would render labour hire unworkable, leading to job loss and unfair treatment of direct employees.