Fair Work Commission Minimum Rates Order: Door to Door Delivery Drivers

| August 17, 2026

Door to door delivery drivers are waking up to a brand-new Minimum Standards Order, effective from 17 August 2026.

Rather than a call to deliver morning coffee, employee-like on-demand delivery drivers, such as those for Uber and DoorDash, have woken up to a Minimum Standards Order regulating minimum pay rates and other standards (Order) that applies to them. 

The Fair Work Commission (FWC) made the Order on 11 August 2026 following an application by the Transport Workers’ Union of Australia. 

With effect from today, the Order covers employee-like delivery workers (ELW) who are engaged through an application operated by a digital labour platform operator (DLPO).  In addition to your morning coffee delivery, the Order applies to other consumable deliveries on request – groceries, fast food, beverages. 

So How Does The Order Work?  

The Order mandates minimum conditions, including minimum pay rates, that a DLPO must provide for employee-like workers, (as defined in section 15P of the Fair Work Act 2009 (Cth)).   

The Order sets minimum pay rates and conditions (as outlined in clause 14 of the Order) as: 

• From 17 August 2026 through 31 December 2026, payment of: 
  • $31.30/hour for ELW with no vehicle or with a push bicycle, electric bicycle or electric scooter; 
  • $31.50 /hour for ELW with a combustion motorcycle or scooter; and 
  • $32.00 for motor vehicles (electric or combustions) with a carrying capacity of up to 1 tonne; 

• From 1 January 2027 through 31 January 2027, payment of: 
  • $31.80/hour for ELW with no vehicle or with a push bicycle, electric bicycle or electric scooter; 
  • $32.00 /hour for ELW with a combustion motorcycle or scooter; and 
  • $32.50 for motor vehicles (electric or combustions) with a carrying capacity of up to 1 tonne; 

Where an employee-like worker’s earnings fall below the above minimum pay rate over an earnings period (as defined in the Order), the DLPO must make a top up payment to the ELW to ensure minimum pay rates are received.  

DLPO Obligations 

In addition to the top up payment requirement, a DLPO must: 

• Provide a Gig Worker Information Statement (as outlined in Schedule A of the Order) when an ELW commences employment which details the right to be paid no less than the minimum wage rates and the right to challenge and ‘unfair deactivation’ from a digital platform within 21 days; 

• Provide the ELW with the information needed for each service request (as outlined in clause 12 of the order); 

• At its expense, take out and maintain personal accident insurance that provides a minimum level of coverage equivalent to workers’ compensation schemes under Commonwealth, State or Territory laws (as outlined in clauses 9.2 and 9.3 of the Order) and consult with ELW’s prior to detrimentally changing the level of insurance (as outlined in clause 9.4 of the Order); 

• Establish a feedback platform as a forum for ELWs to raise important matters affecting engagement of ELWs by the platform  (as outlined in clause 6 of the Order); 

• Keep certain records (as outlined in clause 7 of the order) for a period of 7 years; 

• Provide written notification and a reasonable opportunity for affected ELWs to provide feedback if it intends to make significant changes that would eliminate or significantly reduce the opportunity for delivery hours including but not limited to exiting a market, stopping offering a particular category of delivery or making  permanent changes to hours of operation.   The DLPO must also give genuine consideration to ELW feedback and ELWs may seek advice and assistance from a representative, including a union representative, for this process.   

ELW Obligations 

• An ELW determines whether and when to accept engagements and choose not to accept engagements.  Such time away will be without pay (as outlined in clause 11 of the Order); 

• Despite clause 11, the DLPO may maintain reasonable minimum rates of acceptance (as outlined in clause 12.2 of the Order); 

In addition, an ELW must: 

• at their own expense, acquire, register, maintain and repair their own vehicle, pay all running costs including fuel, parts and maintenance and pay for all required licences, permits or eligibility checks (as outlined in clause 4 of the Order); 

• pay any fines or penalties for breach of any laws or use of private property or parking facilities and is not entitled to reimbursement (unless the ELW has followed an express direction of the DLPO) (as outlined in clause 8 of the Order); 

• at a minimum, take out and maintain compulsory third-party insurance for each vehicle used to provide services (and is responsible for informing the insurer of their use of the vehicle to provide services) (as outlined in clause 9.1 of the Order); 

Understanding Your Obligations Under the New Order 

If you are a digital labour platform operator, IRiQ Law can assist you to understand what the new minimum standards mean for your business and the steps required to meet your obligations. 

Contact our team to discuss how the Order may apply to your operations.