Digital platform businesses primarily utilise on-call contingent workers, using their own tools and equipment, to perform the productive work associated with the supplied service. The expansion of this business model has led some to proclaim that traditional ‘jobs’ will come to an end. Some welcome this development, others fear its consequences for the stability and quality of work – but most see it as driven primarily by technology, and therefore largely ‘inevitable’. This article provides historical and theoretical perspective on the expansion of digitally mediated work, to better understand the range of forces (technological, economic and socio-political) at work. It shows that the major features of platform work were all visible in earlier periods of capitalism, but they became less prominent with the rise of the ‘standard employment relationship’ in the 20th century. The rise and fall of the standard employment relationship is described with reference to the changing context for the labour extraction effort of private employers. A better understanding of the complete range of forces driving changes in work organisation, and a rejection of the assumption that they are technologically determined and hence inevitable, can inform regulatory and political responses to the rise of platform work.

While the extent of employer non-compliance with minimum employment standards has yet to be decisively determined in Australia, there is evidence to suggest that it is both prevalent and persistent. This article draws on the scholarship emerging from the regulatory studies field to explore the underlying impulses and issues that may have led to this compliance gap. It considers how a more pluralistic and decentred understanding of regulation may improve compliance. This understanding is then applied to examine the various ways in which the federal labour inspectorate — the Fair Work Ombudsman — has sought to supplement and strengthen its existing compliance and enforcement mechanisms by harnessing or ‘enrolling’ non-state stakeholders, such as employer associations, trade unions, top-level firms and key individuals.

Paid work associated with digital platform businesses (in taxi, delivery, maintenance and other functions) embodies features which complicate the application of traditional labour regulations and employment standards. This article reviews the extent of this type of work in Australia, and its main characteristics. It then considers the applicability of existing employment regulations to these ‘gig’ jobs, citing both Australian and international legislation and case law. There is considerable uncertainty regarding the scope of traditional regulations, minimum standards and remedies in the realm of irregular digitally mediated work. Regulators and policymakers should consider how to strengthen and expand the regulatory framework governing gig work. The article notes five major options in this regard: enforcement of existing laws; clarifying or expanding definitions of ‘employment’; creating a new category of ‘independent worker’; creating rights for ‘workers’, not employees; and reconsidering the concept of an ‘employer’. We review the pros and cons of these approaches and urge regulators to be creative and ambitious in better protecting the minimum standards and conditions of workers in these situations.