Australia's Fair Work Ombudsman has said it will make inquiries into hospitality shift marketplace Supp following concerns raised by a worker that the platform may be misclassifying the people who use it to find work, potentially leaving them without entitlements including superannuation.
Fair Work Ombudsman to investigate hospitality platform Supp over worker classification concerns
Australia's Fair Work Ombudsman has said it will make inquiries into hospitality shift marketplace Supp following concerns raised by a worker that the platform may be misclassifying the people who use it to find work, potentially leaving them without entitlements including superannuation.
Supp has operated since 2017 as an online marketplace connecting hospitality venues — bars, pubs and cafes — with individuals seeking shifts. The platform describes itself as a recruitment app and states it has links to at least 15,000 venues and more than 200,000 workers across Melbourne, Sydney, Los Angeles and New York City.
Businesses post shifts on the platform with a description of the work and an hourly rate. Rather than venues paying workers through their own payroll systems, Supp handles payment on behalf of the businesses. The Supp website refers to workers as 'independent contractors' and states it is the workers' responsibility to meet their own taxation and superannuation obligations.
A Melbourne-based hospitality worker who has used the platform for more than three years, and who requested anonymity, said the nature of the work he performs reflects that of an employee rather than a contractor. He said businesses direct him to specific tasks and areas, for example working behind a bar serving customers.
A second worker, Daniel McBurnie, said he has used the platform since 2021 and has never received superannuation contributions from shifts booked through it. McBurnie said that because he has completed one-off shifts at many venues, the superannuation amounts involved per venue are small — he estimated just under $20 in one instance — making it impractical to pursue individual claims. He said he grew more concerned as the app became more popular and he observed businesses posting regular, recurring shifts rather than only last-minute vacancies.
Employment lawyer Fay Calderone, a partner at Hall and Wilcox, said a worker holding an ABN or being described as an independent contractor does not on its own determine their legal status. She said relevant factors include the degree of control exercised over the worker, whether the worker can genuinely operate an independent business, whether they can delegate work to others, and whether they bear real commercial risk.
Calderone also noted that even workers legitimately engaged as contractors may still be entitled to superannuation contributions in some circumstances — specifically where a contract is wholly or principally for the worker's labour. She described this as an area often misunderstood by both businesses and workers.
In July 2022, the monthly minimum income threshold for compulsory superannuation was removed in Australia, meaning employees over 18 became eligible for superannuation contributions regardless of their level of earnings.
A Fair Work Ombudsman spokesperson confirmed the regulator would make inquiries into Supp but said it was unable to comment further. The spokesperson encouraged workers with concerns to make contact directly and noted the availability of an online anonymous reporting tool, including options in languages other than English.
Concerns about sham contracting in the gig economy — where businesses classify workers as independent contractors rather than employees — have been raised for a number of years, with companies facing legal challenges on the issue.
- The source does not establish whether the Fair Work Ombudsman has previously investigated Supp or similar hospitality marketplace platforms.
- The source does not specify what legal outcome, if any, the Fair Work Ombudsman's inquiries could lead to.
- The source does not state how many workers may be affected or the total value of potentially unpaid superannuation.
- The source does not indicate whether any of the hospitality businesses using the Supp platform have been contacted or have responded to the classification concerns.
- The source does not detail the legal basis under which Supp structures its contractor arrangements or reference any specific contracts between Supp, venues, and workers.
Read the original at ABC News Australia