Australia has expressed concern about labor protections for Supp users
In Australia, concerns have arisen that users of Supp, a job-search platform for the hospitality industry, may be losing out on pension contributions and other employment protections because they are classified as independent contractors. This was reported by The Guardian World.
Supp was launched in Melbourne in 2017 as a job marketplace: businesses can post hourly shifts, and workers can find one-time jobs. The company states that the platform has been used by approximately 15,000 establishments and 200,000 workers in Australia and the United States. Establishments pay for work through the app, and Supp adds a 12% service fee.
The platform requires workers to have their own Australian Business Number (ABN) and classifies them as independent contractors rather than casual employees. Daniel McBerne stated that since 2021, he had worked through Supp as a bartender, waiter, floor staff member, and popcorn vendor for 15 companies but had not received any pension contributions. According to him, the app lacked a mechanism that would allow businesses to collect the information necessary for such payments or enable employees to provide it.
McBernie believes that workers in such roles do not have the autonomy typical of contractors: they do not set their own pay or schedule, report to a manager, and perform tasks assigned by that manager. Three other Supp users told the publication that they had not received pension contributions or other employment benefits.
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Casual workers in Australia are entitled, among other things, to minimum wage, casual load allowances, and pay for working special hours, breaks, pension contributions, and protection against unfair dismissal. At the same time, the Australian Taxation Office notes that independent contractors who are paid primarily for their work are also entitled to pension contributions.
Imogen Schumer, a lawyer at Maurice Blackburn, emphasized that the definition of the relationship in the app does not, in and of itself, determine its actual status. If a person starts a shift at a time set by the establishment, uses its equipment, works under its supervision, and follows its rules, a court may find that the establishment is in fact hiring them as a casual employee, she explained.
Supp CEO Jordan Murray rejected claims of misrepresenting the nature of the employment relationship and accusations of falsely classifying the arrangement as a contract. He stated that the company is working with regulators and will adapt the platform in accordance with legislative changes. Misrepresenting an employment relationship as a contract arrangement in Australia is illegal and can result in a fine of up to 546,000 Australian dollars for large businesses. McBernie called on the Fair Work Ombudsman to conduct an independent audit of the platform; the agency did not comment specifically on Supp and advised workers to contact it or their unions.
