Rules in the on-demand delivery order
Learn about entitlements and responsibilities for on-demand delivery employee-like workers and digital labour platform operators.
On this page:
- About the on-demand delivery order
- When it starts
- What it covers
- What it doesn’t cover
- Minimum pay rates
- Calculating the minimum safety net
- How disputes get resolved
- Record-keeping rules
- Gig Worker Information Statement
- Rights for workplace delegates
- Other rules in the order
- Help available
- Tools and resources
- Related information
About the on-demand delivery order
The Interim On-Demand Delivery Employee-like Worker Minimum Standards Order (order) sets rules on pay and other standards for some employee-like workers (workers) doing on-demand delivery work.
These workers:
- are independent contractors, not employees
- 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) such as an app or website, and
- across an earnings period, mainly pick up and deliver food, drinks, alcohol or groceries for immediate delivery.
The order also covers the digital labour platform operators (platform operators) that engage these workers.
Learn about the order at Minimum standards for on-demand delivery workers.
Workers who believe they’re an employee should visit Employment conditions.
When it starts
The order applies from 17 August 2026.
What it covers
The order includes rules (terms) about:
- minimum pay rates based on time spent making deliveries
- providing workers with the gig worker information statement
- vehicle repairs, registrations and expenses
- record-keeping
- responsibility for paying fines and taking out and maintaining insurance
- notification and consultation about significant changes
- establishing a platform feedback forum to facilitate discussions with workers
- right to unpaid time away
- providing certain information to workers with each engagement request
- workplace delegates rights
- resolving disputes about compliance with the order.
What it doesn’t cover
The order is different to an awardAn award is a legal document that outlines the wages and conditions of employment for employees that are covered by it within a particular industry or occupation. Other known term: modern award. and enterprise agreementAn enterprise agreement sets out minimum employment conditions and can apply to one business or a group of businesses. .
It doesn’t include rules about:
- hours of work
- penalty rates
- overtime rates
- annual and sick leave
- rostering arrangements
- workplace health and safety
- terms that would change the form of engagement or status of a worker.
Example: Worker doesn’t get penalty rates
Adam is a worker engaged by a platform operator. He mainly accepts food delivery work through an app. He’s covered by the order.
Adam completes his deliveries on weekends, both during the day and at night. He reads that the order provides minimum pay rates and is unsure whether he’s also entitled to penalty rates for late-night and weekend deliveries.
Adam visits our website and learns that the order doesn’t provide for penalty rates or overtime rates.
Minimum pay rates
Workers covered by the order are entitled to a minimum safety net of pay for the time they spend working (engaged time). The following hourly rates are to be used when calculating the minimum safety net.
These rates apply from 17 August 2026 and will increase on 1 January 2027.
Rates from 17 August 2026 to 31 December 2026
| Class of vehicle | Hourly rate |
|---|---|
| No vehicle or bicycle (pedal powered) | $31.30 |
| Electric bicycle or scooter | $31.30 |
| Combustion motorcycles or scooters | $31.50 |
| Motor vehicles not listed above (electronic or combustion powered) at carrying capacity of up to 1 tonne | $32.00 |
Rates from 1 January 2027 to 31 December 2027
| Class of vehicle | Hourly rate |
|---|---|
| No vehicle or bicycle (pedal powered) | $31.80 |
| Electric bicycle or scooter | $31.80 |
| Combustion motorcycles or scooters | $32.00 |
| Motor vehicles not listed above (electronic or combustion powered) at carrying capacity of up to 1 tonne | $32.50 |
When rates increase
The hourly rates in the order will increase on 1 January each year.
The increase will be:
- the percentage amount set by the Fair Work Commission (the Commission) based on the National Minimum Wage increase as part of the Annual Wage Review, or
- another percentage or amount set by the Commission.
The Commission will also review these minimum pay rates when it is closer to finalising related applications for other minimum standards orders.
Calculating the minimum safety net
To calculate a worker’s minimum safety net, platform operators need to:
- set an earnings period
- work out the earnings floor, and
- know the worker’s engagements and engaged time.
Earnings period
The earnings period is set by the platform operator, which can be up to 21 days.
Earnings floor
A worker’s earnings floor is the minimum amount they must be paid for an earnings period. This is calculated by multiplying the worker’s total hours of engaged time by the minimum pay rate.
If a worker is paid less than the earnings floor in an earnings period, the platform operator must make a top up payment to the worker to make up the difference.
The top up payment can happen:
- in the next earnings period, or
- within 7 days after the next earnings period.
Example: Calculating a worker’s pay
Rosie uses her car to make grocery deliveries to customers after accepting work through an app. She is covered by the order.
Rosie is paid a delivery fee for each engagement by the platform operator.
She gets a notification through the app telling her that an earnings floor will apply from 17 August 2026. This will be based on her engagement hours over a 21-day earnings period.
In her first earnings period, Rosie spent 9 hours shopping for groceries and delivering them to customers. Rosie was paid $270 for that period.
The platform operator checks Rosie’s earnings floor for the earnings period. They do this by multiplying Rosie’s total engaged time by the minimum pay rate. This is 9 hours multiplied by $32 per hour, totalling $288.
Rosie was paid less than the earnings floor for the earnings period.
The platform operator pays Rosie a top up amount of $18 in her next earnings period.
Engagement and engaged time
An engagement happens when a worker accepts an order and completes a delivery on the app. A single engagement can include one or more deliveries.
When an engagement includes multiple orders, the engagement starts when the worker accepts the first order and ends when the last order is delivered.
Engagement information
The platform operator must provide information to the worker for each engagement. This includes:
- details of pick-up location
- approximate delivery location
- whether the delivery contains bulky items or alcohol
- estimated minimum delivery fee
- estimated time required to complete the engagement.
Engaged time
Engaged time is the time recorded in the app from when the worker accepts the job until the delivery is completed.
If a worker is already doing another delivery when they accept a new job, the engaged time for the new job starts from when they complete the earlier delivery.
Engaged time doesn’t include:
- the time after the worker has been notified that an order has been cancelled by the customer (except when the worker is carrying out tasks requested by the platform operator such as returning an item to the collection location)
- if a worker abandons the job, the time between accepting a job and abandoning it
- time lost due to vehicle breakdowns, accidents or any other reason outside the platform operator’s control including the time taken by the worker for any breaks
- non-engaged time.
Example: Calculating a worker’s engaged time
Fred is covered by the order. He mainly works on weekends.
On Saturday, Fred logs into the app at 9:30 am. He monitors the app and accepts his first job at 10 am. He collects the order and delivers it at 10:30 am. He continues to monitor the app but doesn’t accept his next job until 11:15 am. This order includes deliveries to 3 places and Fred completes the final order at 12:15 pm. He then logs out of the app for the rest of the day.
Fred is logged into the app for 2 hours and 45 minutes, but his total engaged time is 1 hour and 30 minutes.
Non-engaged time
Non-engaged time is when the worker:
- delays picking up the items when they are ready for collection even though the worker is nearby and available
- delays delivering the items after collecting them
- has completed the delivery but hasn’t recorded it in the app
- takes an unreasonable route to complete the delivery, including where the worker is stationary for more than 5 minutes unrelated to the delivery.
Example: Calculating a worker’s non-engaged time
Pacey is a delivery driver covered by the order.
Pacey signs into the app at 4:30 pm and monitors the app and accepts a job at 4:40 pm.
When he arrived at the pick-up location to pick up the items, he was on a personal call and delayed collecting the items by 10 minutes. He completed the delivery at 5:20 pm.
Pacey took 40 minutes to complete the order. However, the engaged time for this delivery is only 30 minutes because there was 10 minutes of non-engaged time.
Withholding pay for fraudulent conduct
A platform operator can withhold a worker’s pay if a worker engages in fraudulent conduct. This can be in whole or part.
The platform operator must follow the processes and requirements set out in the order when withholding pay.
When the platform operator withholds pay for fraudulent conduct, they must notify the worker of:
- the specific engagement relating to the fraudulent conduct
- what the fraudulent conduct was, and
- the amount to be deducted.
The worker can dispute a platform operator’s decision to withhold pay. They must do this within 14 days after being notified by the platform operator.
If the worker disputes the platform operator’s decision, the platform operator needs to:
- consider information provided by the worker reasonably and in a timely manner
- pay a top-up amount to make up the difference within 7 days of the next earnings period if they reverse their decision.
How disputes get resolved
The order sets out how to resolve disputes between a worker and a platform operator that are about compliance with the order.
The first step is to try and resolve the dispute through the platform operator’s internal resolution process. This can be done by email, an online platform or the app.
If the dispute isn’t resolved, the Commission can help with mediation, conciliation or provide an opinion or recommendation on the issue.
For more information about how the Commission can help with disputes, go to the Commission’s Dealing with disputes under dispute resolution procedures.
If a dispute relates to deactivation from the platform, the worker needs to apply to the Commission within 21 calendar days of the deactivation.
For more information, access the Commission’s information on Unfair deactivation for regulated workers.
The Fair Work Commission is the national workplace relations tribunal and registered organisations regulator. It’s a different agency to us.
Record-keeping rules
A platform operator is required to maintain certain records for 7 years.
Records that must be kept are:
- the platform operator’s name and ABN
- the worker’s name and ABN
- the worker’s account activation date
- any service contracts between the worker and the platform operator
- the worker’s deactivation date including reasons for the deactivation, where applicable.
The platform operator must also keep records for each earnings period and provide them to workers at the end of each earnings period. This includes:
- the gross and net amounts paid to the worker
- any deductions
- total number of hours of engaged time
- non-engaged time and other time during which the worker was not engaged.
If requested by a worker, the platform operator must provide them or their representative with copies of these records.
Gig Worker Information Statement
A platform operator give workers a copy of the Gig Worker Information Statement. This can be found in Schedule A of the order.
The Gig Worker Information Statement must be given to:
- existing workers as soon as possible from 17 August 2026
- new workers before, or as soon as possible, after the worker starts their first engagement.
It must be provided by email and through an app notification.
If the order is changed, including changes to the minimum pay rates, the platform operator must give the worker a new Gig Worker Information Statement.
To find a copy of it, go to Schedule A in the Interim On-Demand Delivery Employee-like Worker Minimum Standards Order.
Rights for workplace delegates
The order includes rules on the rights of workplace delegates, including:
- eligibility requirements for workers to become a workplace delegate
- minimum pay rates for attending relevant training
- total number of hours paid to attend relevant training in each calendar year.
On 2 occasions each calendar year, a workplace delegate can communicate to eligible workers about representing their industrial interests. The platform operators must send this communication on behalf of the workplace delegate.
For information about workplace delegates in the order, go to clause 13 in the Interim On-Demand Delivery Employee-like Worker Minimum Standards Order.
To learn more about workplace delegates under the Fair Work Act, visit Workplace delegates.
Other rules in the order
The order includes additional rules for workers and platform operators.
Obligations for workers
Under the order, workers are responsible for:
- vehicle expenses including all maintenance, running costs such as fuel, repair, registration, licences and permits
- compulsory third-party insurance
- payment of any fines or other penalties (unless they were incurred because the worker followed an express direction of the platform operator).
Responsibilities for platform operators
Under the order, the platform operators also have responsibilities including:
- communicating significant changes to affected workers
- providing a platform feedback forum
- having personal accident insurance policies for workers.
Significant change
Platform operators must notify workers in writing if they make a definite decision that could have significant effects on the workers.
This includes:
- making permanent changes to hours of operation
- changing vehicle type requirements
- no longer offering a category of delivery or fulfilment products
- exiting the market.
The platform operator must provide a reasonable opportunity for the workers to provide feedback about the change. This can be done by an email, the app or online platform.
The platform operator must genuinely consider that feedback.
For more information, go to clause 6 of the Interim On-Demand Delivery Employee-like Worker Minimum Standards Order.
Platform feedback forum
The platform operator needs to create a forum to host discussions with workers. This will be used to discuss important matters that affect the engagement of workers. It can also be used by workers and their representatives to provide feedback. This forum isn’t for discussing individual disputes.
The forum must consist of:
- at least one representative for the platform operator
- 3 employee-like workers appointed as workplace delegates
- at least one union official.
For information about the forum, go to clause 6 of the Interim On-Demand Delivery Employee-Like Worker Minimum Standards Order.
Help available
There’s help available for on-demand delivery workers and platform operators. Go to Other help for regulated workers.
Source reference: Interim On-Demand Delivery Employee-Like Worker Minimum Standards Order
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
