“I won’t have workers rights dragged back to the 19th century simply because a business is online and sees fit to exclude itself from the industrial laws." Workers in the new economy who get work through online platforms do not have legal rights to protections provided under the Commonwealth Fair Work Act because they are classified as contractors and not as employees. Mr Foley and Labor's Industrial Relations spokesman Adam Searle have pledged to modernise the NSW Industrial Relations Act to empower the Industrial Relations Commission to set minimum rates of pay and conditions for gig workers. This would entitle them to the same entitlements to superannuation, annual holidays, sick leave that employees have. Gig workers would be legally entitled to workers’ compensation when injured and the company using their services would be required to contribute to insurance premiums, like employers. The changes also aim to provide a quick and inexpensive way to resolve disputes over pay and conditions for gig workers.

Gig worker Kirby Weller Credit:Brook Mitchell Sydney delivery rider Kirby Weller enjoys his work but it finds it “very hard to make minimum wage”. “We have no sick leave, we have no compensation. If we get injured, then there is no one to help us but ourselves. It can be a very dangerous job,” he said. “We have no rights for any holidays. Some of our workers work seven days a week trying to keep up. “If they take a holiday, then when they come back, they have no right to get their shifts again.”

Mr Foley said gig economy workers are effectively "stranded" without protection. “These workers are on the margins of our economy," he said. “A Labor government will step in and give this growing body of workers the right to be treated like any other employee in the workforce.” Mr Searle said Labor would introduce laws to protect workers in any form of work. "Innovation must not come at the cost of creating new forms of exploitation," he said.

NSW Labor spokesman for Industrial Relations, Adam Searle. Credit:James Brickwood He said while the courts may recognise some gig workers as "employees", most would not meet the legal test to qualify for basic rights and entitlements. The Transport Workers' Union is fighting an unfair dismissal case in the Fair Work Commission on behalf of food delivery rider Josh Klooger. To claim compensation for unfair dismissal, Mr Klooger will need to prove he was an "employee" of Foodora which argues he was an independent contractor. Josh Klooger is claiming he was unfairly dismissed as a food delivery rider in the Fair Work Commission. Credit:Eddie Jim Mr Searle said a Labor government would create a new chapter in the NSW Industrial Relations Act which would define ‘gig’ workers and the ‘platforms’ or ‘networks’ that provided the work.

The Industrial Relations Commission would be given power to make orders for the provision of minimum rates of pay and entitlements to superannuation, annual holidays, sick leave and other benefits. Workers compensation laws would also be clarified to ensure gig workers are legally entitled to cover when injured. The online platforms would be required to pay insurance premiums like

other employers. Quick and cheap dispute resolution would also be provided. "We will also modernise and improve the unfair contract laws in the IR Act so they are fit for purpose in the 21st century and can be used more quickly and inexpensively than at present," Mr Searle said.