What is this about?
The Fair Work Commission has made a new order called the Interim On-Demand Delivery Employee-like Worker Minimum Standards Order.
The Order applies to a specific type of delivery work. It does not apply to every Sherpa driver or every Sherpa job.
Does the Order apply to all Sherpa drivers?
No.
The Order only applies where certain requirements are met. It is mainly directed at drivers whose work predominantly involves jobs that must be collected and delivered immediately, or as soon as practicable, after the job is accepted, where those jobs do not have a reasonable delivery window available, and where those jobs predominantly involve food, drinks, liquor or supermarket groceries.
It does not automatically apply to all Sherpa drivers, all Sherpa jobs or the Sherpa platform as a whole.
What type of work is most likely to be covered?
The Order is most likely to apply if most of your Sherpa work involves:
- jobs where the delivery window requires you to collect and deliver the items straight away, or as soon as practicable, after accepting the job; and
- delivering food, drinks, liquor or supermarket groceries.
If this is the main type of work you do through Sherpa, you may be part of the group covered by the Order.
Sherpa Slots are a work type Sherpa is treating separately and assessing under the Order because they involve retained time and assigned work during a scheduled period. Sherpa Slots are separate from Partner Slots, scheduled runs, or other Sherpa offerings where the word “slot” may be used.
What type of work is generally not covered?
The Order generally does not apply to:
- scheduled jobs or runs allocated in advance;
- jobs with a longer delivery window;
- jobs where the delivery is not required to occur immediately after acceptance;
- Partner Slots, unless Sherpa tells you otherwise;
- parcel deliveries;
- document deliveries;
- retail goods deliveries;
- hardware deliveries;
- medical supply deliveries; or
- other deliveries that are not food, drinks, liquor or supermarket groceries.
This is the case even if the job is important, time-sensitive or needs to be completed by a certain time.
What does “scheduled job with a longer delivery window” mean?
Some Sherpa jobs are scheduled ahead of time or have a longer delivery window. This means the job is not required to be collected and delivered straight away after you accept it.
For example, a job may be allocated in advance, or the delivery window may give you more time to complete the delivery.
Sherpa’s current understanding is that this type of scheduled delivery work is different from the kind of immediate delivery work the Order is aimed at.
How is it determined whether the Order applies to me?
It is determined based on your individual work through Sherpa; whether you predominantly accept jobs that must be collected and delivered immediately, or as soon as practicable, and that involve food, liquor or supermarket groceries.
What if I only do these jobs sometimes?
If you only occasionally complete food, drink, liquor or grocery jobs that require immediate delivery after acceptance, the Order may not apply to you.
The key question is whether that type of work is the main type of work you do through Sherpa.
For example:
- if most of your Sherpa work is scheduled delivery, longer-window delivery or non-food delivery, you may not be covered;
- if most of your Sherpa work is immediate food, drink, liquor or grocery delivery, you may be covered; and
- if your work is allocated and assigned through a Sherpa Slot, Sherpa will assess how the Order applies to that work.
Sherpa will continue to review work patterns over time.
Does the Order apply to Slots?
Sherpa Slots are a work type Sherpa is treating separately and assessing under the Order.
A Sherpa Slot involves retained time and assigned work during a scheduled period. Sherpa is reviewing how the Order and related obligations apply to this work and will provide further information where this affects you.
Sherpa Slots are separate from Partner Slots, scheduled runs or other Sherpa offerings where the word “slot” may be used.
Do I still choose which jobs I accept?
Yes.
Sherpa drivers continue to choose the work they want to accept.
Unlike some other platforms, Sherpa does not require you to only accept jobs that are offered to you for immediate delivery. Depending on what is available, you may be able to choose from jobs shown on the map, jobs offered to you directly, or future work with a scheduled delivery window.
The Order does not mean you are automatically required to accept every job offered to you. You remain free to choose whether to accept a job, and you will not be disadvantaged simply because you choose not to accept one.
Does the Order guarantee minimum earnings for each job?
No.
The minimum earnings requirement is not a guaranteed amount for each individual job.
You will still see the delivery fee or rate information in the app before accepting a job. If the Order applies to your work, Sherpa will assess your earnings for covered work over an earnings period of up to 21 days.
This means Sherpa will compare:
- your engaged time for covered work during the earnings period; and
- the amount already paid to you for that covered work.
If your earnings for covered work are below the applicable minimum earnings floor for that earnings period, Sherpa will make a top-up payment in accordance with the Order.
What is “engaged time”?
Engaged time generally means the time connected with completing an accepted covered job, as recognised under the Order.
Sherpa will use the relevant job and platform records to assess engaged time for covered work.
Not all time on the platform will necessarily count as engaged time. Sherpa will provide more information about this where it applies to your work.
What information will I receive before accepting a job?
For covered work, Sherpa will provide required information with the job request where applicable, such as:
- the collection location;
- whether the job involves bulky items or alcohol;
- the approximate delivery location;
- the minimum delivery fee; and
- the estimated time to complete the job.
You should continue to review the job information in the app before deciding whether to accept a job.
How does Sherpa support fair pay and flexibility?
Sherpa is committed to offering fair pay for work while preserving the flexibility of the platform.
This means:
- you choose whether to accept jobs;
- you are not disadvantaged simply because you choose not to accept a job;
- the fee or rate information available in the app remains important when deciding whether to accept a job; and
- where the Order applies, Sherpa will assess the relevant minimum earnings requirements over the applicable earnings period.
Sherpa’s platform is designed to give drivers flexibility in how they work. How you complete a job is generally up to you, provided you complete the job safely, lawfully, within the required delivery timeframe and in accordance with Sherpa’s platform requirements.
What happens if the Order applies to me?
If the Order applies to your work, Sherpa must comply with the relevant minimum standards for that covered work.
These may include requirements relating to:
- minimum earnings for engaged time;
- records;
- personal accident insurance;
- information provided with job requests;
- dispute resolution processes;
- consultation about significant platform changes;
- the right to take time away from the platform; and
- other rights and protections under the Order.
Sherpa will provide more specific information if you are in the covered group.
Do I need to do anything now?
No immediate action is required from you unless Sherpa contacts you directly.
Sherpa is reviewing the types of jobs completed on the platform and assessing which driver work patterns may fall within the Order.
You should continue to review job information in the app and choose the jobs you want to accept.
Who can I contact if I have questions?
If you have questions about your own work type or whether the Order may apply to you, please contact Sherpa Support.
You also have the right to seek independent advice about your entitlements.