Menulog welcomes Government amendments to 'Closing the Loopholes' Bill

9 November 2023 - Australian-born on demand delivery platform, Menulog, has welcomed the Federal Government’s decision to make amendments to its Closing the Loopholes Bill, following extensive consultation and advocacy for fit-for-purpose reform that will benefit workers and all industry participants. 

As the first platform to seek better benefits and protections for workers through a trial of the employment of couriers and application for a new Modern Award for the on-demand delivery industry, Menulog has always supported the Government’s intention of creating minimum standards for workers, without compromising the value or benefit of platform work and ensuring the ongoing viability of the industry and everyone it supports. 

Based on its unique experience in engaging both contracted and employed couriers, Menulog has also consistently advocated for amendments that would ensure this intention is actually represented in the Bill, including: 

1. Ensuring employee-like is distinguished from traditional employment and eliminating the risk of reclassification of workers; this is crucial to provide legal certainty and a level playing field for all industry participants
2. Ensuring genuine consultation with industry on minimum standards; this is crucial to ensure fit-for-purpose minimum standards
3. Adding further guardrails for the Fair Work Commission that provide greater certainty and greater protection against unintended consequences

Menulog appreciates that Minister Burke and the Government has listened to these concerns and recognised the unique nature of platform work, which has been reflected in some of the proposed amendments to address several important areas of uncertainty. 

The proposed amendments are a marked improvement that will benefit workers, businesses and consumers and include: 

1. Changes that provide improved clarity around the classification of couriers as contractors
2. Specific amendments that ensure platforms and industry must be consulted on the development of minimum standards
3. Further guardrails for the Fair Work Commission go a way towards further certainty and protection for the industry

While legislative drafting of these amendments is yet to occur, Menulog is optimistic these amendments offer a positive step in the right direction and looks forward to continuing to work with the Government on this, as well as continuing its engagement and advocacy more broadly on other elements of this reform to ensure the right balance is struck between worker protections and maintaining the viability of the sector.

Menulog Managing Director, Morten Belling, said: “We welcome and appreciate Minister Burke and the Government’s willingness to work through amendments that will improve clarity and certainty for all industry participants. We have long supported the Government’s intention of creating minimum standards that preserve the value and choice that couriers tell us is crucial for them and so we are pleased the Government has decided to make some changes that will help ensure this intention is met in legislation. 

“Our learnings, as the first platform to seek better benefits and protections for couriers through trialling employment and applying for a new, fit-for-purpose modern award, have given us a unique perspective that we have been pleased to share in order to help the Government draft amendments that will go some way towards further distinguishing ‘employee-like’ from traditional employment and provide important guardrails for the Fair Work Commission. There are naturally some items that we would like to see further movement on and so we look forward to continuing our consultation and advocacy. 

“We are also glad to see the value of our consultation to date will now be reflected in the Bill, via amendments that will ensure platforms and industry must be consulted on the development of minimum standards.”

Note to editors:

Menulog’s Submission to the Senate Committee Inquiry into the ‘Closing the Loopholes’ Bill - Please see submission number 136 via the Inquiry website.