Key facts
- The hospitality recruitment app Supp classifies workers as independent contractors, requiring them to have their own ABN.
- Concerns have been raised that this classification may lead to workers missing out on entitlements like superannuation.
- Critics argue that the arrangement could be unlawful 'sham contracting' if workers lack autonomy and control.
- Supp has denied allegations of misrepresenting working relationships and engaging in sham contracting.
- Legal experts suggest that courts may find workers to be casual employees based on the level of control exerted by businesses.
Concerns are mounting over the Australian hospitality gig-work app Supp, which classifies its users as independent contractors, potentially leading to a loss of entitlements such as superannuation. Launched in Melbourne in 2017 by Lune Croissanterie owners Kate and Cameron Reid, Supp functions as a jobs marketplace connecting hospitality businesses with workers for ad-hoc shifts.
Supp requires workers to possess their own Australian Business Number (ABN) and describes them as individual contractors to the businesses hiring them through the platform. This classification is being questioned by workers and legal experts, who argue that the nature of the work often involves a lack of autonomy, control over hours and pay, and direct supervision, characteristics more aligned with employment than independent contracting.
Daniel McBurnie, a worker who began investigating his entitlements in 2021, stated that he was hired as a contractor for 15 different companies through Supp and never received superannuation. He argues that hospitality workers performing delegated tasks under supervision do not have the autonomy expected of independent contractors.
Supp has strongly rejected any suggestions of misrepresenting the working relationship or engaging in 'sham contracting,' which is unlawful under Australia's Fair Work Act and can result in significant penalties. Jordan Murray, Supp's CEO, stated the company engages constructively with regulators and supports clear standards for independent work, adapting its platform as the law evolves. Co-founder Cameron Reid expressed confidence in Supp's legal compliance due to regular reviews and regulatory engagement.
Imogen Szumer, a senior associate at Maurice Blackburn, noted that the description of the relationship as independent contracting is not determinative, and courts may find workers to be casual employees if they are subject to business control, use company tools, and follow procedures. Three other Supp users corroborated that they had not received superannuation or other entitlements.
Pat O’Donnell, director at the United Workers Union, voiced concerns about the increasing 'gigification' of hospitality work, arguing that convenience for employers should not compromise workers' rights, fair pay, and protections. McBurnie has called for the Fair Work Ombudsman to conduct an independent audit of Supp and its business users, suggesting it is a fairer approach than expecting vulnerable workers to dispute claims individually. The Fair Work Ombudsman declined to comment on Supp specifically but encouraged concerned workers to contact them or their union directly.