Menulog has argued that existing employment law was not designed with on-demand delivery riders in mind, as it urges the Fair Work Commission to establish a new award as part of its push to become the first gig economy company to make its workers full employees.
Menulog announced in April it would make its delivery riders full employees, rather than contractors, which would entitle them to award wages and other protections that gig workers do not have.
The company’s Australian managing director, Morten Belling, has previously said the move to fully employ workers may cost the company more, but was necessary to “meet its moral obligations”.
However, Menulog says the current award system is not suitable and has applied to the Fair Work Commission to create an “on-demand industry award”.
The case was heard before the full bench of the commission on Monday, with the company arguing the role was too different to be covered by the existing fast food or road transport and distribution awards.
Barrister acting for Menulog, Brendan Avallone, told the commission the existing awards predated the on-demand delivery industry.
“It is new, it is something which did not exist when these awards were made in 2008-2009, let alone when their predecessor awards were created in the decade before that,” he said.
Unlike other roles in fast food, riders are not employed by the restaurant providing the produce, he said, while the road transport award did not recognise the on-demand nature of...
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