# Newspaper article: ‘Bicycle courier underpaid $7641 as contractor instead of employee’



## Jack Malarkey (Jan 11, 2016)

See http://www.smh.com.au/business/work...ctor-instead-of-employee-20171113-gzk5jj.html.

Additional comment by Jack Malarkey:

ABC RN in the program PM on Tuesday 14 November 2017 referred to these cases and discussed possible implications for companies like Uber: http://www.abc.net.au/radio/program...ting-fines-could-be-the-first-of-many/9150350.


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## Who is John Galt? (Sep 28, 2016)

Jack Malarkey said:


> See http://www.smh.com.au/business/work...ctor-instead-of-employee-20171113-gzk5jj.html.
> 
> ABC RN in the program PM referred to these cases and discussed possible implications for companies like Uber: http://www.abc.net.au/radio/program...ting-fines-could-be-the-first-of-many/9150350.


Thanks, Jack. 
With the impending assignments, I can imagine that FWO may have to engage many, many contractors to help with the caseload. 

.


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## UberDriverAU (Nov 4, 2015)

Sounds like they've never read _Hollis vs Vabu_!


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## Jack Malarkey (Jan 11, 2016)

UberDriverAU said:


> Sounds like they've never read _Hollis vs Vabu_!


Here's a copy of Hollis v Vabu if anyone would like to read it now: http://eresources.hcourt.gov.au/showCase/2001/HCA/44.

And here's an article that discusses the significance of that case: http://www.tved.net.au/index.cfm?Si...The_High_Court_Decision_in_Hollis_v_Vabu.html.


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## Instyle (Oct 18, 2014)

LMFAO

I love reading stuff like this!


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## Icecool (Feb 8, 2016)

Jack Malarkey said:


> See http://www.smh.com.au/business/work...ctor-instead-of-employee-20171113-gzk5jj.html.
> 
> Additional comment by Jack Malarkey:
> 
> ABC RN in the program PM on Tuesday 14 November 2017 referred to these cases and discussed possible implications for companies like Uber: http://www.abc.net.au/radio/program...ting-fines-could-be-the-first-of-many/9150350.


Don't know if this a good thing . All it mean is that the companies will have ton increased their fees and limited the employees hours .


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## UberDriverAU (Nov 4, 2015)

Instyle said:


> LMFAO
> 
> I love reading stuff like this!


I reckon the best is yet to come. 



Icecool said:


> Don't know if this a good thing . All it mean is that the companies will have ton increased their fees and limited the employees hours .


Yes it is a good thing. If their business is a worthwhile endeavour, people will continue to pay for the service. Workers shouldn't be the ones to subsidise cheap services for consumers, consumers should pay what it costs to provide the service, plus a reasonable margin for the business.


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## Jack Malarkey (Jan 11, 2016)

In the United Kingdom, the Central Arbitration Committee (a labour law body) has just ruled that Deliveroo riders are self-employed.

In so deciding, they gave weight to the fact that Deliveroo riders have the 'freedom to substitute', allowing other riders to take their place on a job.

See http://www.bbc.com/news/business-41983343.


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## Jack Malarkey (Jan 11, 2016)

Here's a link to the UK Central Arbitration Committee decision on Deliveroo riders: https://www.gov.uk/government/uploa...ment_data/file/659481/Acceptance_Decision.pdf.

The Central Arbitration Committee has a role similar to that of Australia's Fair Work Commission.


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## UberDriverAU (Nov 4, 2015)

Jack Malarkey said:


> In the United Kingdom, the Central Arbitration Committee (a labour law body) has just ruled that Deliveroo riders are self-employed.
> 
> In so deciding, they gave weight to the fact that Deliveroo riders have the 'freedom to substitute', allowing other riders to take their place on a job.
> 
> See http://www.bbc.com/news/business-41983343.


By substitute do they mean simply palm the job off to someone who else gets paid for it rather than you? That is different to delegation where you still get paid and pay the person delegated to as a separate transaction. Our courts have already ruled that substitution is not the same as delegation. A genuine ability to delegate would generally be incompatible with employment, but substitution is not. Think about how casual employees often trade shifts: only the person who actually does the work is paid.


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## fields (Jul 11, 2016)

Yes, the fake socially aware journalists at the SMH are at it again. They love this stuff!

Bicycle couriers aren't paid by them, thus they need to be paid more! UberX drivers are paid for directly by these journalists, thus they need to be paid less.


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## ST DYMPHNA son (Aug 10, 2017)

fields said:


> Yes, the fake socially aware journalists at the SMH are at it again. They love this stuff!
> 
> Bicycle couriers aren't paid by them, thus they need to be paid more! UberX drivers are paid for directly by these journalists, thus they need to be paid less.


I feel sorry for you


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## Icecool (Feb 8, 2016)

UberDriverAU said:


> I reckon the best is yet to come.
> 
> Yes it is a good thing. If their business is a worthwhile endeavour, people will continue to pay for the service. Workers shouldn't be the ones to subsidise cheap services for consumers, consumers should pay what it costs to provide the service, plus a reasonable margin for the business.


Would you still pays for it when it go up by 30% . Have you run a business before it not that easy with the governments bs regulations and laws . This is happening at dominos pizza . On Saturday and Sunday the price increase by 10 to 15% . So the employee get more pays . I try to avoid buying pizza at the weekends now .


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