Pietro Buzzanca says he was only ever treated like a contractor when it benefited Foodora. Credit:Darrian Traynor It comes as global ride-sharing service Uber faces a fresh legal challenge from drivers in Britain, who say they should be recognised as employees and deserve better workplace rights. Daniel Victory, a senior associate with Maurice Blackburn, said Foodora and Deliveroo used hiring arrangements that mistreated their ever-expanding Australian workforce of couriers, classing them as independent contractors who had to obtain ABNs and were not entitled to minimum pay and conditions. "They are often paid per delivery," he said. "So if a court was to find these riders were employees, it's doubtful that their minimum entitlements are being met." Central to the legal definition of an independent contractor were questions of whether the contractor was in business for themselves and how much control they exercised over how the work was performed, Mr Victory said.

Foodora and Deliveroo riders are employed as independent contractors. Credit:Jason South "On what I've seen so far, I have concerns that these riders are not properly classified as independent contractors," he said. Deliveroo and Foodora are on-demand delivery services that let customers place online orders for food from restaurants, and then deliver their orders through local networks of courier cyclists or drivers. Pietro Buzzanca: ''You don't know how much money you will be earning, you don't have rights.'' Credit:Darrian Traynor Both companies have stood by their policies on the use of contracts, and say their contracted riders are attracted to the flexible nature of the job.

Former Foodora delivery rider Pietro Buzzanca earned $14 an hour, plus $5 per delivery, and said he averaged about $75 for a four-hour shift. He said Foodora's claim that he was his "own boss" was a sham, and he was "only ever treated like a contractor when it benefited the company". "I had to wear uniforms, I was told I was representing the brand while doing deliveries, but whenever there were issues about not enough hours being located, they would play the card that I'm an independent contractor," he said. "This illusion of 'being your own boss' is one of the biggest diseases of my generation ... you don't know how much money you will be earning, you don't have rights, you never know what's going on." A Deliveroo cyclist who spoke to Fairfax Media was being paid $16 an hour, plus a $2.50 drop-off fee per delivery.

Under the Road Transport and Distribution Award – the base pay and conditions for delivery drivers – casual employees are paid almost $23 an hour, time and a half on Saturdays and double time on Sundays. "My ordinary pay would have been much higher [on the award] ... and with the Sunday rate I should have been getting $44 an hour," the Deliveroo rider said. "We were treated like employees. We were generally stuck with the shifts we had the previous week. And we did not have freedom over what we did between orders ... We had to stay in 'waiting zones', which sometimes were just parks in the middle of nowhere." Other Deliveroo contracts seen by Fairfax Media have paid couriers $10 delivery fees with no hourly rate. Young Workers Centre co-ordinator Keelia​ Fitzpatrick said her legal team had interviewed dozens of Deliveroo and Foodora delivery workers in recent months. She said pay rates varied depending on when the contracts were struck.

"Some of the earlier Foodora contracts have people on $9 an hour, then $9 drop-off fees, but the majority of ones we are seeing now tend to be $14 an hour plus a $5 delivery fee," she said. "Deliveroo contracts tend to be about $16 an hour plus $2.50 delivery fees, and another one is $18 an hour plus $2.50." Ms Fitzpatrick said the companies' contracting arrangements left their workers without access to "basic conditions", such as minimum pay rates, WorkCover insurance, leave and superannuation. Deliveroo said engaging staff on a "freelance basis" gave riders the flexibility to work around other commitments. "Riders are attracted to working with us because we offer incredibly flexible work," a spokeswoman said. "Typically, this appeals because they do these hours alongside study or another job.

"As a result, we offer a variety of payment models - all designed to enhance the flexibility." Foodora said it had 600 riders engaged in Sydney, Melbourne and Brisbane, and they could end up earning more than $30 an hour on "a busy night". Do you know more? Contact n.toscano@fairfaxmedia.com.au