The Industrial Relations Amendment (Transport Sector Gig Workers and Others) Bill 2025 will amend chapter 6 of the Industrial Relations Act 1996 to ensure that it reflects the modern transport industry. It will do this by extending its coverage to include the gig transport economy and modernising the specific provisions of the Act to ensure that it reflects an industry that has changed markedly since the 1970s. This is another step in fulfilling the Government's commitment to modernise New South Wales laws to respond to the rise of the gig economy. It is a pledge we made while in opposition and one we are now delivering on.
Whilst the gig economy has revolutionised the way people work, it has also opened up a new frontier of economic instability and employment insecurity. The Minns Labor Government is acting accordingly. Since the Government's election, the Federal Government has established a framework for gig workers in the Fair Work Act. The piece of legislation we are debating today seeks to complement the Federal regime for cases where the transport industry may decide that sectors of the transport gig economy are best suited to State jurisdictions. Ridesharing, for example, is one of these industries, owing to the fact that its main competitor—taxis—is regulated by the States.
Chapter 6 is such an important part of the Act. It has protected owner-drivers and taxi operators since the 1970s, ensuring fair pay and conditions. It has withstood attacks from backward-thinking Liberal governments, like those of Howard and O'Farrell. That is in large part due to the mass mobilisation of the union movement to preserve it, and I pay respect to members of the Transport Workers' Union for their long-held advocacy. I acknowledge their presence in the gallery today. I thank them for their work in making sure that this bill has come to the House. It is because of their fervour that we are able to stand in this place today and further strengthen chapter 6 by making it available to gig transport workers.
Chapter 6 is only good so long as it is relevant to the modern transport industry. Last year, the Federal Government acted on this front by giving gig workers access to the Fair Work Commission for minimum standards and unfair deactivation remedies. We are now bringing our State into line with these standards and bringing our economy into the twenty-first century. It beggars belief that members opposite—and we can see just how seriously they take this matter by the low attendance in front of me—had 12 years to enact reform and they did absolutely nothing. They should hang their heads in shame for leaving so many gig workers without protection and without fairness under the law.
This Government is also working to modernise the existing provisions of chapter 6 of the Industrial Relations Act to ensure they are fit for the modern road transport industry. The Minns Labor Government is improving the dispute resolution procedures and the bargaining process. We are abolishing outdated exemptions, creating new objects, fixing how a transmission of business operates under the Act, and addressing supply chain contractual chains. Schedule 1 [1] will insert new objects into chapter 6 to clarify its purpose and objectives. Schedule 1 [2] empowers the Industrial Relations Commission [IRC] to declare specific contracts or classes of contracts as contracts of carriage. That applies when the IRC is satisfied that the contract relates to transporting persons or goods and meets fairness considerations. Schedule 1 [3] seeks to remove outdated exemptions from section 309 (4) of the Act and extends chapter 6 protections to these workers.
Chapter 6 currently excludes certain categories of contract transport workers, including those whose contracts of carriage are for the carriage of bread, milk or cream for sale, or delivery for sale, or the delivery of mail on behalf of Australia Post, including the delivery of parcels. These exemptions border on ancient, so we are removing them to afford chapter 6 protections to persons who would otherwise be contract carriers. We know that often these goods are not the only ones that are precious in the eyes of our community. During the earlier days of the COVID-19 pandemic, trucks and transport workers carrying toilet paper were just as precious.
Critically for owner-drivers, the bill will expand how many trucks they can own before they lose access to the benefits of the protection of the minimum terms and conditions provided by the Act. At present, if an owner‑driver chooses to purchase and operate a second truck, they lose that protection. This is holding small business back. That is why, under schedule 1 [5], we will expand the number of vehicles that can be owned to three, ensuring that the small business owners who keep New South Wales moving are protected.
Schedule 1 [9] amends section 313 of the Act to expand the list of factors the commission must consider when making contract determinations for contracts of carriage. The amendment also allows the Industrial Relations Commission, which comprises a presidential member, to look into and take action on pay and other conditions within a contractual chain. That is quite significant, particularly for those who suffer financial loss or who are left high and dry when they are not paid according to the contract. A contractual chain is defined as a series of contracts or arrangements where a bailor or carrier performs work for a party in that chain. However, the commission cannot act if it believes doing so would interfere with the reasonable commercial arrangements between the parties. Since that power will likely impact commercial arrangements, the commission must carefully consider what is reasonable. In doing so, it must take into account several factors, including the overall objectives of chapter 6 and the specific matters set out in the amended section 313 (2).
At its heart the bill restores dignity to workers who were ignored and overlooked by the previous Government. They were left without protections, ending up worse off. The bill enshrines protections for those workers, who work incredibly hard and contribute so much to our economy. As the member for Shellharbour stated earlier, it is churlish and regressive for those opposite to miserably oppose the bill. It makes one wonder whose interests they support in this place. They criticise and vote against important reforms but offer no alternative plan. They are content to let rideshare and delivery drivers, whom we stand proudly in support of today, bear the burden of their mess, their inaction, their ineptitude and their small‑mindedness. This bill has been developed in spite of those opposite, not because of them. The rise of the gig economy has funnelled the benefits away from the workers who provide the service and keep our State on track, leaving them instead with uncertainty and financial costs that they may not have anticipated. They have to work incredibly hard to keep their head above water.
It would be remiss of me not to pay tribute to the depth of work that has gone into this bill. The Minister and her team have been consulting widely. She is a fantastic Minister, and I acknowledge her presence in the Chamber today. She is dedicated to delivering for the millions of workers across this State. It is because of her commitment that we are here today debating what is a truly historic piece of legislation. I acknowledge her team and the department for their work in bringing the bill to the House; it is truly nation changing. I commend the bill to the House.
