Category: Gig Economy

  • A Better Future for Self-Employment

    A Better Future for Self-Employment

    How is it changing, and how can ‘gig’ work be regulated?
    by David Peetz

    This report considers and challenges two common myths about self-employment.

    The first is that self-employment is inexorably growing. The second is that self-employment cannot, or should not, be regulated in order to protect self-employed workers and improve the conditions of their work.

    This new report from the Carmichael Centre at the Centre for Future Work shows that, in reality, self-employment is not growing inexorably — in fact, in most countries (including Australia) it is declining.

    The much-trumpeted surge in self-employment and ‘freelancing’ is a myth. However, the nature of self-employment is changing: fewer self-employed people are running successful independent businesses, and more are engaged in precarious ‘solo’ activities like short-term contracting and part-time ‘gig’ work.

    The report also shows that some forms of self-employment can be regulated to protect affected workers, provided two simple and important criteria are satisfied: the workers are vulnerable and hence need protection, and a viable mechanism exists that enables their work to be efficiently regulated.

    The report reviews the proposed provisions of the second part of the federal government’s new Closing Loopholes legislation, which would allow for minimum labour standards to be applied to digital platform workers and owner-operators in the transportation sector. The new legislation (to be considered in Parliament in 2024) is an appropriate and effective response to the challenges facing these two groups of ‘gig’ workers.

    Please see the full report, “A Better Future for Self-Employment: How is it changing, and how can ‘gig’ work be regulated?,” by David Peetz, Laurie Carmichael Distinguished Research Fellow at the Centre for Future Work.



    Full report




    Factsheet
    New Report Reveals Changing Face and Future of Self-Employment

    Share

  • Submission to the Senate Education and Employment Legislation Committee Inquiry into the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023

    Submission to the Senate Education and Employment Legislation Committee Inquiry into the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023

    Reforms Would Improve Stability, Wages for Workers in Insecure Jobs
    by Fiona Macdonald, David Peetz and Jim Stanford

    Experts from the Centre for Future Work recently made a submission to the Senate committee studying the “Closing Loopholes” bill, which would make several reforms to the Fair Work Act.

    The submission was prepared by our Policy Director Dr Fiona Macdonald, Carmichael Distinguished Research Fellow Prof Em David Peetz, and Economist and Director Dr Jim Stanford.

    Their submission emphasises:
    • The importance of limiting insecure employment practices (such as casual employment, labour hire, and platform or ‘gig’ work), and providing full protections to workers in those arrangements.
    • The importance of strong and well-resourced mechanisms to ensure the enforcement of these rules, and timely and effective recompense in cases when they are not.
    • The importance of empowering trade unions and their delegates to play their full potential role in enforcing labour standards and ensuring fair compensation and treatment of workers.



    Full report




    Factsheet
    Paying for Collective Bargaining

    Share

  • Unacceptable Risks

    Unacceptable Risks

    The Dangers of Gig Models of Care and Support Work
    by Fiona Macdonald

    The gigification of care is creating insecure work, undermining gender inequality and damaging workforce sustainability.

    New research reveals the unacceptable risks of digital labour platforms and the expansion of gig work in low-paid feminised care and support workforces. Risks are to frontline care and support workers, people receiving care and support and to workforce sustainability.

    The report calls for comprehensive industrial reforms to address gig work as part of broader workforce strategies for the NDIS and aged care sectors.

    The research finds that care and support ‘gig’ workers, treated as independent contractors, are in highly insecure work without minimum standards and effective rights to collective bargaining.

    • Many essential frontline care and support workers earn below award-level pay.
    • Work and incomes are insecure: work is on-demand, working time is fragmented, pay can be unpredictable.
    • Workers must cover their own superannuation, leave and workers’ compensation.
    • Gig work in the feminised workforces poses a serious threat to better recognition and equal pay.
    • Better jobs and careers for frontline workers are vital to closing the gender pay gap.

    Four in every 5 of the 240,000 aged care and disability support workers are women.

    • Care and support workers on platforms are younger, less experienced and more likely to be migrant workers.
    • Platform workers lack access to support, training and progression opportunities.
    • Gig workers lack employment benefits and entitlements, including leave and superannuation.

    Flexibility of work is only possible with short hours work and comes at the expense of decent pay and working conditions. Workers cannot earn a living wage.

    • Risks to workers are also risks to vulnerable people with disability and the elderly.
    • Care and support platform workers are isolated and largely invisible, working in private homes without organisational supervision, support, guidance or training.
    • Workers bear risks and responsibilities for care and support quality and client safety, including for highly vulnerable people.
    • Care labour platforms compete unfairly with other NDIS and aged care providers.
    • Unfair competition poses a significant threat to the sustainability of Australia’s long-term care systems.

    Platforms compete by avoiding the costs and risks of business fluctuations, of employing workers and of accountability for care and support quality and safety. Costs and risks are devolved to low-paid and insecure frontline workers. Platforms profit from retaining public funding that is intended to employ and pay essential workers fairly and to provide them with supervision and support.



    Full report

    Share

  • Submission to the Senate Select Committee on Work and Care

    Current work and care arrangements in Australia contribute to economic and social disadvantage for carers, the vast majority of whom are women. Patterns of labour force participation and employment provide clear indicators of the inequities inherent in Australia’s current care and work arrangements. These patterns show we do not have equitably shared care arrangements, nor equitable employment opportunities and outcomes for women. Australia requires much stronger support systems, more effective work and care policies and more secure and fairly-paid jobs to address these problems.



    Full report

    Share

  • Submission to the Productivity Commission Study on Aged Care Employment

    Submission to the Productivity Commission Study on Aged Care Employment

    by Fiona Macdonald

    In 2021 the Royal Commission into Aged Care Quality and Safety recommended that gig work, independent contracting and other ‘indirect’ employment arrangements be restricted in the publicly-funded aged care sector.

    The Royal Commission found that, to develop the ‘well led, skilled, career-based, stable and engaged workforce’ required to provide high quality aged care, service providers should be directly employing aged care workers as employees.

    Rather than adopting this recommendation, the Federal Government referred the matter to a Productivity Commission inquiry.

    The Centre for Future Work made a submission to the Productivity Commission’s inquiry into Aged Care Employment, in which we argue there is ample evidence to show there are unacceptable risks and consequences for both care workers and people receiving care, where workers are engaged as independent contractors, including as gig workers.

    Restricting gig work and other indirect employment arrangements in aged care will also remove one form of unfair competition between aged care services providers. It will stop platforms, labour hire firms and others making profits in the publicly-funded care sector while avoiding the normal costs, risks and responsibilities of employing workers and providing care to the elderly.



    Full submission

    Share

  • Technology, Standards and Democracy

    Technology, Standards and Democracy

    Submission to Select Committee on the Impact of Technological Change on the Future of Work and Workers in New South Wales
    by Dan Nahum and Jim Stanford

    Workers in most industries and occupations worry about the effects of accelerating technological change on their employment security and prospects. New digital technologies are being applied to an increasingly diverse and complex array of tasks and jobs – including artificial intelligence and machine learning technologies which can exercise judgment and decision-making powers. Some studies suggest that as many as half of all jobs may be highly vulnerable to automation and computerisation in coming decades. The NSW Legislative Council has established a Select Committee to examine the impact of technological and other change on the future of work in NSW. The Centre for Future Work has lodged a submission.

    Concerns about technological unemployment are not new. Workers have long worried what will happen to their jobs when machines can do the work faster, cheaper, or better. But the historical record shows that technology has not produced mass unemployment or impoverishment – although dislocation and adjustment to technological change can be severe for some groups of workers, and some regions. The impacts of technology are always filtered through social and political processes; competing sectors of society naturally endeavour to protect and advance their own respective interests, as technology evolves. Will technology be used to enhance mass living standards and make work more efficient and pleasant? Or will it be used to enrich a small elite, while undermining the economic well-being and political rights of the majority? The answer depends on how technology is implemented, managed, and controlled, and whose interests prevail as the process unfolds.

    Employers tend to implement particular kinds of technology, in specific ways, to enhance their power and profits: not just to boost output, but also to intensify work effort, monitor and discipline workers, and restructure the terms of employment. These negative trends are not inherent outcomes of technology itself. Rather, they are the result of power imbalances in employment relationships, in the context of an economy that is shaped and directed by the profit-maximising actions of private firms.

    In our submission, we discuss several reasons why the impact of technology on both the quantity and quality of future employment is indeterminate, and highly dependent on the policy choices that are made as the process of labour market evolution unfolds.  While some workers will face heightened risk of job loss due to new technology, we nevertheless firmly reject the notion that work in general can somehow ‘disappear’ – even in sectors which seem ripe for the application of labour-saving or labour-replacing technologies. And we reject the implication that workers will somehow be ‘disposable’ in a brave new automated world. The reality is that productive human labour, broadly defined, is still the driving force behind all production and value-add. This is true even in an economy utilising automation and other technology-intensive methods of production. We must be aware of the risks and challenges posed to workers by accelerating technological change, but without resigning ourselves to a dystopic high-tech future in which workers have no power, no agency, and no security. Instead, our response to the challenges posed by technology can be grounded in a complete and balanced assessment of the threats and opportunities associated with new technology.

    The submission is organised as follows:

    • ‘Technology and Work: What changes are at play?’ identifies changes – and continuities – in the world of work in which technology plays a role.
      • This includes a subsection, ‘Electronic Surveillance in the Workplace’ on the incidence of this type of surveillance by employers in – and beyond – the workplace, using results from the Centre for Future Work’s 2018 survey on the incidence and impacts of such surveillance.
    • ‘The Macroeconomic and Social Context for Technological Change’ considers the broader political-economic factors contributing to how we use and regard technology in the workplace. Many of the changes often ascribed to technology are better identified as social or political matters, mediated through or exacerbated by technology.
    • ‘Technology and the Quantity of Work’ discusses technology’s impacts on the quantity of work available. We note that the uptake of technology by employers is in fact surprisingly lower than what many analysts have predicted – further evidence that technology’s effects on the work of work are mediated by social and political factors.
    • ‘The Technology of Production and the Organisation of Work’ further teases apart the distinction between technology as a discrete set of tools, and the social organisation of work, such as precarious employment. There is an interaction and overlap between the two but consideration of the set of challenges under this Select Committee’s Terms of Reference is lent more rigour by identifying the distinctions, too.
    • We present recommendations seeking to support the goal of maximising the benefits of technology, while reducing and ameliorating its social costs.
    • The submission concludes by reiterating that it is not technology specifically, but rather our systems of laws, institutions and social expectations overall that will determine the future of work.

    We are hopeful that this Select Committee can contribute to developing a strategic understanding of, and leading legal framework for, changes in the nature of work and the labour market. These issues have increased in importance in the context of the economic crisis, and the resulting weakness in the labour market, associated with the COVID-19 pandemic.



    Full submission

    Share

  • Turning ‘Gigs’ Into Decent Jobs

    Turning ‘Gigs’ Into Decent Jobs

    Submission to Inquiry into the Victorian On-Demand Workforce
    by Jim Stanford and Alison Pennington

    What’s a ‘gig’ job, anyway? There’s lots of media hype about how people won’t have jobs in the future (they’re so old-fashioned). Instead they’ll work a never-ending series of gigs. Will they love the supposed ‘freedom’ and ‘flexibility’? Or will they yearn for the good old days when a job provided regular hours … and a regular paycheque?

    The government of Victoria is holding an important inquiry into the conditions and challenges of working in the ‘on-demand’ economy: a polite euphemism for gigs. The Centre for Future Work has made a submission.

    Our submission notes that digitally-mediated on-demand production typically incorporates five broad characteristics:

    • Work is performed on an on-demand or as-needed basis. Producers only work when their services are immediately required, and there is no guarantee of ongoing engagement.
    • Work is compensated on a piece-work basis. Producers are paid for each discrete task or unit of output, not for their time.
    • Producers are required to supply their own capital equipment. This typically includes providing the place where work occurs (their home, their car, etc.), as well as any tools, equipment and materials utilised directly in production. Because individual workers’ financial capacity to provide these up-front investments is limited, the capital requirements of platform work (at least that used directly by workers) are small.
    • The entity organising the work is distinct from the end-user or final consumer of the output, implying a triangular relationship between the producer, the end-user, and the intermediary.
    • Finally, some form of digital intermediation is utilised to commission the work, engage the producer, supervise it, deliver it to the final customer, and facilitate payment. In the modern economy, this last criteria is hardly exrtaordinary: virtually any job imaginable today relies on some form of digital task allocation or management.

    Despite the media hype which on-demand platforms have generated, the scale of employment engaged in on-demand work so far is rather modest. The number of people engaged in actual productive work organised through a digital platform is small (less than 1% of the labour force), and a large (likely majority) proportion of those rely on on-demand work for only a minority of their total income. Many people have signed up to perform work through one or more of these platforms, but do not stay with the platform long, and/or do not work many hours in the role.

    Another stereotype that needs to be challenged in considering on-demand work is the common claim that these employment practices are novel and innovative. Here it is crucial to distinguish between the technical innovations which these businesses utilise, and the changes in work organisation which those models also introduce. In fact, the major organisational features of digital platform work are not new at all. These practices have been used regularly in labour markets for hundreds of years; what is novel is the use of digital technologies for organising, supervising, and compensating work in that manner. And the growth of insecure or precarious work practices is not an essentially technology-driven phenomenon. Rather, the growing precarity of work, including in digitally-mediated on-demand jobs, reflects the evolution of social relationships and power balances, more than technological innovation in its own right. Appreciating the social and regulatory dimensions of technology and work organisation contributes to a more holistic and balanced understanding of the rise of on-demand work, its consequences, and its potential remedies.

    All the core features associated with on-demand work are long-standing. The practice of on-call or contingent labour – whereby workers are employed only when directly needed – has been common for hundreds of years. In an Australian context, a famous example is the former practice of dockworkers lining up each morning (for example, along Sydney’s ‘Hungry Mile’) in hopes of attaining employment that day; other examples are common in other sectors (including minerals, forestry, manufacturing, and agriculture).

    Home-based work, and other systems in which workers supply their own capital equipment, have also been common in many applications and contexts – from the ‘putting out’ system for manufacturing textile products and housewares in the early years of the industrial revolution, to the important role played by owner-operators in many modern industries (including transportation, resources, fisheries, and personal services).

    Piece-work compensation systems also have a long if uneven history. Employers have long aimed to tie compensation directly to output (as a way of shifting responsibility for managing work effort and productivity onto workers). Yet at the same time, the use of piece-work is constrained by numerous well-known problems, including difficulties in applying them in situations which require an emphasis on quality, not just quantity of output (like most service sector activities), and where work is performed jointly by teams or larger groups of workers.

    Finally, the triangular relationship that is evident in the on-demand economy between the worker/producer, the ultimate end-user of their labour (whether a business or a consumer), and an intermediary/‘middleman’ business is also very familiar from economic history. Past examples include labour hire services, “gang-masters,” and other forms of labour supply intermediation. Under this triangulated model of employment, it can be unclear who is the actual ‘employer’; this ambiguity opens the possibility for various negative practices and outcomes, which have been recognised for years in legislation, regulation, and jurisprudence.  An example is Australia’s long-standing rules regarding ‘sham contracting’, and more recent initiatives to regulate labour hire businesses in Queensland and Victoria.

    In short, the core features of on-demand work are not novel; and claims that this way of organising work is ‘new’ are not valid. Rather, on-demand businesses reflect a resurgence of very old business practices, that date back hundreds of years. So ‘gig’ employers cannot be allowed to invoke claims of technological advancement, to justify work practices that are hundreds of years old – and in many cases violate community standards and traditional labour laws.



    Full submission

    Share

  • Subsidising Billionaires: Simulating the Net Incomes of UberX Drivers in Australia

    Subsidising Billionaires: Simulating the Net Incomes of UberX Drivers in Australia

    by Jim Stanford

    Uber’s rapid growth in point-to-point transportation services has become the most potent symbol of the growth of the so-called “gig economy”: where people perform work on an irregular, on-demand basis, paid by the task, and without the stability or security of traditional paid employment. The expansion of this model has raised concerns regarding the erosion of labour standards and entitlements (including minimum wages, paid leave, and superannuation). This report simulates the net hourly incomes received by UberX drivers in six Australian cities, and finds that they almost certainly earn much less than would be required under relevant minimum wage standards.

    The report considers gross revenues generated by a typical urban fare (traveling 10 km, and taking 22 minutes to complete), according to UberX’s published rate schedule. After deducting Uber’s various fees, net taxes, and the costs of providing and maintaining the vehicle, the driver is left with an average of just $8.29 from that fare (barely one-third of the gross revenue they collect).  Accounting for unpaid time spent waiting for the next fare and collecting the passenger from their pick-up point, this translates into a net hourly wage (before personal income tax) of $14.62 per hour.  This is well below the national statutory minimum wage, and less than half the level of the weighted-average minimum wage (including casual loading and penalty rates for evening and weekend work) that would apply to waged employees under Australia’s Passenger Vehicle Transportation Award.  The underpayment of UberX drivers in Australia constitutes a subsidy paid by them to the company amounting to hundreds of millions of dollars per year; and this underpayment of drivers (in Australia and elsewhere) has been essential to the dramatic expansion of Uber’s market value (most recently estimated at almost $50 billion U.S.).

    These findings confirm that the use of digital platforms to organise and compensate irregular work, and the ability of businesses (including large global firms like Uber) to classify their workers as independent businesses in their own right, are undermining the effectiveness of traditional labour market protections (such as the minimum wage, superannuation entitlements, paid leave, and others).  The report calls on Australian lawmakers and regulators to urgently address the gaps in existing labour laws, to ensure that traditional labour protections are available to workers in the “gig economy.”



    Full report

    Share

  • New Research Symposium on Work in the “Gig Economy”

    New Research Symposium on Work in the “Gig Economy”

    The informal work practices of the so-called “gig” economy are widening existing cracks in Australia’s system of labour regulations, and should be repaired through active measures to strengthen labour standards in digital businesses. That is the conclusion of newly-published research from a special symposium on “Work in the Gig Economy,” organised by the Centre for Future Work.

    The symposium includes contributions from four leading labour market scholars, first presented to a special seminar last year at the conference of the Society of Heterodox Economists in Sydney. The papers have now been published (after a peer-review process) in Economic and Labour Relations Review, an academic journal based at UNSW. The symposium includes research conducted by:

    • Prof. Andrew Stewart of the University of Adelaide
    • Dr. Jim Stanford of the Centre for Future Work at the Australia Institute
    • Prof. Wayne Lewchuk of McMaster University in Canada, and
    • Kate Minter, researcher at Unions NSW.

    The symposium also features an introductory essay by Frances Flanagan, Research Director at the United Voice trade union.

    While the gig economy is often portrayed as an exciting “new” innovation, the work practices embodied in digital platforms are long-standing, and have been utilised by employers for hundreds of years. Jim Stanford’s article describes these historical continuities – including reliance on home work, on-call labour, piece work compensation, and the use of labour intermediaries.  While the digital apps now used to coordinate this work are new, the core features of the precarious employment relationships created in digital businesses are not; regulators should learn from this history in their efforts to develop new tools for protecting labour standards in digital businesses.

    In their article, Prof. Andrew Stewart and Dr. Stanford highlight several broad options for regulatory reform to close the gaps in labour regulation that allow gig businesses to avoid traditional employment standards (like minimum wages). There is clear potential to more forcefully apply existing labour laws to gig businesses, using test cases and other efforts to clarify that workers in gig businesses should indeed be protected by minimum standards.  Clarifying and strengthening the definition of “employee” in existing labour law (so that gig workers are more clearly covered by those laws) would be another promising avenue.  Stewart and Stanford urge regulators to be “ambitious, creative, and eclectic” in their efforts to regulate work in the gig economy, to avoid negative social and economic consequences from the erosion of minimum labour benchmarks.

    Prof. Wayne Lewchuk shows that conventional labour market statistics understate the prevalence of gig work (and other forms of insecure employment), because merely categorising a job as either “permanent” or “temporary” does not capture the more complex forms of insecure work that are increasingly common in the labour market.  Lewchuk also documents the myriad of personal, financial, social, and health consequences of insecure jobs (including gg work).

    Finally, Kate Minter’s contribution to the symposium reviews one specific effort to negotiate the application of minimum labour standards within a digital platform business: namely, a process of negotiation between the odd-job platform Airtasker and the peak trade union body in NSW.  While the resulting agreement (under which Airtasker agreed to recommend minimum award wage rates as the basis for “costing” the jobs advertised on its platform) is not on its own sufficient to ensure minimum standards will be met, it represents a concrete case of how engagement by all stakeholders (including digital businesses, unions, advocates, and regulators) can build momentum for protecting basic standards in the gig economy.

    The final published versions of all articles in the symposium (including the introduction by Frances Flanagan) are available  through the Economic and Labour Relations Review’s website, or through your local library.  Links to pre-publication versions of each article are also provided below.

    • Introduction to the Symposium on Work in the Gig Economy, by Frances Flanagan.
    • The Resurgence of Gig Work: Historical and Theoretical Perspectives, by Jim Stanford:
    • Precarious Jobs: Where are They, and How do They Affect Well-Being?, by Wayne Lewchuk.
    • Regulating Work in the Gig Economy: What are the Options?, by Andrew Stewart and Jim Stanford:
    • Negotiating Labour Standards in the Gig Economy: Airtasker and Unions New South Wales, by Kate Minter:



    Introduction



    The Resurgence of Gig Work: Historical and Theoretical Perspectives



    Precarious Jobs: Where are They, and How do They Affect Well-Being?



    Regulating Work in the Gig Economy: What are the Options?



    Negotiating Labour Standards in the Gig Economy: Airtasker and Unions New South Wales

    Share