The Fair Work Commission has ruled food delivery riders and drivers must be paid under the same rules as other truck and van couriers. 

Last year, food delivery company Menulog announced it wanted to employ many of its riders - a major break from its delivery competitors, which insist their riders and drivers are not employees. 

Menulog made the call in response to a series of deaths in the broader industry and pressure from unions, who insist that relying on the lack of a minimum wage for independently contracted workers’ is exploitative.

Uber, Deliveroo and other platforms remain staunchly in favour of using the contractor model.

Menulog argued that it needed a new, dedicated set of pay rules to properly employ so many people. 

Last week, the Fair Work Commission disagreed, ruling instead that food delivery workers would fall under the same Road Transport Award that governs many truck drivers.

Menulog can appeal the decision and push for a new industry award. 

Until then, the Transport Workers Union says it will continue to push food delivery companies to implement award conditions.

“This decision is confirmation of what we have always known: that food delivery workers are entitled to the same minimum rights and protections as other workers in the road transport industry,” Transport Workers Union’s assistant secretary Nick McIntosh said.