Menulog’s submission to the ‘Closing the Loopholes’ Bill

Since proposed changes for on demand delivery workers announced more than a year ago, Menulog has engaged constructively with the Government, advocating for reforms that are fit-for-purpose, reflect how couriers wish to work and ensure the ongoing viability of the industry and everyone it supports.

In September 2023, the Federal Government introduced its third tranche of industrial relations reforms through the ‘Closing the Loopholes’ Bill, with proposed reforms to include ‘employee-like workers’ in the ‘gig economy’. Shortly after being introduced to Parliament, the Senate referred the Closing Loopholes Bill to the Senate Education and Employment Legislation Committee for inquiry and report by 1 February 2024.

As the only Australian-born on demand delivery platform and the only platform to have engaged workers as both employees and independent contractors, Menulog drew on its unique and extensive experience in the industry for its submission to the Senate Committee Inquiry.

Menulog is very supportive of the Government’s publicly-stated intention of the Bill, in creating minimum standards for workers that do not compromise how they like to work and do not have a detrimental impact on the industry, as this is aligned with Menulog’s values. 

To support the creation of fit-for-purpose legislation for the gig economy, Menulog has advocated for amendments that would ensure this intention is represented in the Bill, including: 

• Ensuring employee-like is distinguished from traditional employment and eliminating the risk of reclassification of workers 
• Ensuring genuine consultation with industry on minimum standards
• Adding further guardrails for the Fair Work Commission that provide greater certainty and greater protection against unintended consequences

These recommendations are based on Menulog’s unique perspectives,experience and valuable learnings including:

1. The crucial need to factor in the value exchange in the gig economy  Menulog believes it is crucial to account for the ‘value exchange’ in the gig economy when developing minimum standards i.e. additional contractor benefits such as the freedom to work when, where and how they like, including for multiple platforms simultaneously (i.e. ‘multi-apping’). This is to ensure couriers do not lose the freedom, choice and flexibility they currently enjoy.
2. Menulog’s unique position to make recommendations Menulog is the only on demand delivery platform to have experience in both contracting and employment and our submission talks to some of the current challenges related to the employment framework for our industry.
3. Impact modelling Menulog has provided detailed modelling of the potential impact of the current Bill, based on the calculations included in the Explanatory Memorandum of the Bill.

Menulog believes this is a once in a generation opportunity to get legislation right for everyone involved. This is why Menulog will continue to work with the Government, Senate and other stakeholders to help achieve the shared objective of fit-for-purpose minimum standards for the on demand delivery industry.