A former food delivery rider who claims he was paid less than half the minimum wage is taking Deliveroo to court.

Jeremy Rhind has secured the backing of the Transport Workers Union, which says the Canberra man is a victim of wage theft.

The union won a similar case against Foodora last year, forcing the food delivery giant out of Australia.

READ MORE Deliveroo under fire as unions ramp up fair work campaign

"This rider faced what thousands of food delivery riders endure every day - getting ripped off their wages," TWU national secretary Michael Kaine said on Wednesday.

"Just because a worker is engaged via an app doesn't mean they should be forced to work below minimum rates."

Deliveroo has defended its employment structures, taking up the flexibility afforded to its riders, but the union disagrees.

"No amount of talk about flexibility can dress this up as anything but exploitation," Mr Kaine said.

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"Riders have the right to be paid a fair rate and that is what we will be fighting for."

The case is likely to hinge on whether Deliveroo riders are considered company employees or contractors, which dictates the pay and conditions workers are entitled to.

Mr Rhind's case is due before the Federal Circuit Court on 8 October.