Minimum standards for on-demand delivery workers
Learn about the minimum standards order for on-demand delivery workers that applies from 17 August 2026.
Find information about who the order covers and what it includes.
On this page:
- About on-demand delivery order
- Who the order covers
- When the order applies
- Penalties for not complying with the order
- Getting help with the order
- Key terms
- Tools and resources
- Related information
About on-demand delivery order
The Interim On-Demand Delivery Employee-Like Worker Minimum Standards Order (the order) sets important rules on pay and other standards for employee-like workers who are engaged through a digital labour platformAn online service (such as app or website) that arranges for or helps facilitate work to be completed. For example, the delivery of food. (platform), to perform on-demand delivery work.
Employee-like workers (workers) are a type of regulated workerA person who is an employee-like worker or a regulated road transport contractor. and can be referred to as a ‘gig worker’ working in the gig economy. These workers are independent contractors and usually use a vehicle (such as a car or bike) to deliver items to customers.
The order sets minimum standards and rules (terms) about:
- minimum pay rates
- providing a gig worker information statement
- vehicle repairs, registration and expenses
- record-keeping
- fines and insurance
- consultation about significant changes
- establishing a platform feedback forum for discussions with workers
- right to unpaid time away
- providing certain information to employee-like workers
- workplace delegates rights
- dispute resolution.
The Fair Work Commission (the Commission) made this order after it was given powers to set minimum standards for regulated workers through the Closing Loopholes reforms.
The Commission is the national workplace relations tribunal and registered organisations regulator.
Learn more about minimum standards orders at Employee-like workers.
Who the order covers
The order covers workers who are engaged through an application (app) and across an earnings period to mainly do on-demand delivery of food, drinks, alcohol and groceries.
The delivery items must be:
- ordered by a customer through an app to be delivered to a chosen location
- picked up from the business that sells the items, and
- delivered immediately, or as soon as possible, after the engagement has been accepted.
The order also covers the platform operators that engage these workers.
The order doesn’t cover drivers of a vehicle with a carrying capacity of more than one tonne.
Example: Employee-like worker delivering food covered by the order
Vlad is a university student who’s looking for work that allows him to choose his own hours around his study commitments.
He signs up to an online food delivery platform that allows customers to order food for immediate delivery from registered businesses via an app. Vlad understands that he isn’t an employee and doesn’t get entitlements such as overtime pay, paid leave or penalty rates.
Through the app, Vlad is free to accept food delivery jobs that suit his schedule and location. The app also provides information about the estimated earnings for each delivery before he accepts a job. Vlad doesn’t use the app for any other kind of work.
While working through the app, Vlad learns about the new order for on-demand delivery work. After reviewing the information on our website, he understands that the order applies to him because he is:
- engaged by customers through an app and mainly delivers food
- required to deliver the food immediately, or as soon as possible, once he accepts the delivery job, and
- not an employee of the app or the businesses he is delivering from.
Example: Employee-like worker delivering groceries covered by the order
Berny is a stay-at-home parent with school-aged children who is looking for work that fits around school drop-offs, pick-ups and their other family responsibilities.
They sign up as a driver through an app that offers delivery jobs for customers who order food, drinks and groceries from registered businesses for immediate delivery.
Berny chooses to only accept grocery delivery jobs from local supermarkets. They’re not employed by the supermarkets.
They enjoy doing other people’s grocery shopping and the supermarket locations are convenient and often on their way to or from school pick-up and drop-off.
Through the app, Berny learns about the new order for on-demand delivery work. After looking at the information available, they understand that the order applies to them because they’re:
- engaged through an app and mainly deliver groceries
- required to deliver the groceries immediately, or as soon as possible, when they accept the delivery job, and
- not an employee of the app or the supermarket.
Example: Employee not covered by the order – employed by a supermarket to deliver grocery items
Jacob is employed as a delivery driver by a large supermarket.
As part of his role, he delivers grocery orders placed online by customers.
The order doesn’t apply to Jacob because he’s an employee of the supermarket.
Example: Employee-like worker not covered by the order – not delivering consumables or groceries
Lysa works as a driver through an app. The app offers a range of delivery jobs, including transporting items from businesses to distribution centres and transportation hubs.
Lysa accepts delivery engagements based on her availability, the estimated earnings for each trip and the distance she needs to travel. She only delivers packages and doesn’t deliver food, drinks or groceries.
Although Lysa accepts delivery work through an app, the order doesn’t apply to her. This is because her work doesn’t mainly involve delivering food, groceries or drinks.
When the order applies
The order applies from 17 August 2026.
The Commission is currently considering other applications for new minimum standards orders that would cover employee-like workers and road transport contractors who perform ‘last mile’ delivery work.
The Commission will review this order if they issue a notice of intent and draft minimum standards order for either of these applications.
For more information about these applications, go to TWU regulated worker minimum standards orders applications (MS2024/1-3).
Penalties for not complying with the order
Businesses and workers covered by this order must follow its rules.
It’s unlawful to break the rules of the order. Courts can impose penalties against businesses, individuals or other persons if they don’t comply with the order.
Getting help with the order
A reminder that we’re the Fair Work Ombudsman, not the Fair Work Commission.
Our role is to give advice and assistance on workplace rights and entitlements. We can provide advice on, monitor compliance with and enforce the order. There’s help available for on-demand delivery workers and platform operators. Go to Other help for regulated workers.
The Fair Work Commission is the national workplace relations tribunal and has the power to make minimum standards orders. They can also help with dispute resolution. For more information about disputes with the order, go to the Commission’s page Dealing with disputes under dispute resolution procedures.
Consider contacting your union, industry association or employer association for additional support. For contact information, visit Legal help.
Key terms
Below are definitions of some key terms:
| Term | Definition |
|---|---|
| application | An online service (such as app or website) that arranges for or helps facilitate work to be completed. For example, the delivery of food. |
| consumables | Food, beverages and alcohol that are packaged, sold or served to be consumed away from the point of sale. |
| earnings period | A period set by the digital labour platform operator for the purpose of the minimum pay rates in the order which may be up to 21 days. |
| groceries | Items purchased from a supermarket. |
Tools and resources
- Fair Work Commission fact sheet: New minimum standards for on-demand delivery workers from 17 August 2026
- Interim On-Demand Delivery Employee-Like Worker Minimum Standards Order
