Hospitality App Calls Workers 'Independent Contractors,' Users Call It 'Casual Work Without the Perks'
Supp, a popular hospitality gig app, calls its workers 'independent contractors,' leaving them without super and other entitlements - and workers are starting to ask questions.
An Australian hospitality gig-work app that's become wildly popular might be serving up a side of unpaid superannuation, according to worried workers. Supp, launched in Melbourne in 2017 by the owners of Lune Croissanterie (who still hold a financial stake but have wisely stepped off the board), describes itself as a 'jobs marketplace' where venues post shifts and workers grab them. It's since spread across Australia and the US, boasting about 15,000 venues and 200,000 workers. The app takes a 12% cut, sends workers their payment summaries at tax time, but crucially requires workers to have their own ABN and classifies them as 'individual contractors' - not casual employees. Supp insists it's all above board, but workers like Daniel McBurnie, who started digging into his entitlements back in 2021, beg to differ. McBurnie worked bartending, popcorn-selling, front-of-house, and table-waiting shifts through the app for 15 different companies, never got super, and found no mechanism in the app to even sort it out. 'Hospitality workers coming in to do a barista shift - they don't have autonomy,' he said, noting they don't set rates or hours and just do what supervisors tell them. Casual employees get minimum rates, casual loading, penalty rates, rest breaks, super, and protection from unfair dismissal, while independent contractors get... well, a shrug. The Australian Tax Office says even contractors paid mainly for labour are entitled to super, but that doesn't seem to be happening. McBurnie fears 'sham contracting' - misrepresenting employment as contracting, which is illegal under the Fair Work Act and can cost big businesses up to $546,000. Supp CEO Jordan Murray denied any misrepresentation and said the company engages with regulators and adapts as the law evolves. Co-founder Cameron Reid vouched for the app's legal compliance reviews. But Imogen Szumer, a senior associate at Maurice Blackburn, called the arrangement 'peculiar' and noted that just because the app says 'contractor' doesn't make it so - courts look at the actual relationship, which is 'inherently an unequal one.' Three other Supp users told the Guardian they didn't get super either: Fred Siggins, a Melbourne bartender who negotiated a high rate so didn't mind; Miranda Roop, a recent arrival who found the work identical to casual roles elsewhere; and an anonymous worker who just assumed he'd have to pay his own super. McBurnie says the app is 'the new go-to' in hospitality, but Pat O'Donnell of the United Workers Union warns that convenience shouldn't come at the cost of workers' rights. 'Alarm bells should ring whenever workers are told they need an ABN, or they must become a sole trader, to pick up a shift in a hospitality venue,' he said. McBurnie wants the Fair Work Ombudsman to audit the platform, arguing that vulnerable workers shouldn't have to fight individually. The Ombudsman declined to comment on Supp specifically, suggesting workers contact them or their union - which sounds about as helpful as a contractor's 'benefits package.'
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