Hospitality workers have already lost enough.
As some of Australia’s lowest-paid workers, they should not also be losing the superannuation they have earned.

What is happening?
SUPP has changed how hospitality businesses find workers. Instead of hiring casual employees through ordinary payroll processes, venues can fill shifts through an app that describes workers as self-employed.

This is a false classification.

A waiter, barista or chef who works a venue’s hours, follows its directions, uses its equipment and performs its everyday business activities has the defining characteristics of an employee—not someone running an independent business.

Businesses appear on SUPP repeatedly—advertising ordinary hospitality work week after week, year after year—and using the platform as an alternative onboarding system.

So why are these workers being treated as contractors? And who is paying their super?

What does the law say?                                       Falsely calling someone self-employed does not make that obligation disappear.

Misclassifying workers may allow businesses to understate their workforce and potentially reduce workers’ compensation premiums, while avoiding superannuation and other employment obligations.

The ATO is clear: even contractors may be legally entitled to super when they are paid mainly for their personal labour

Why has nobody acted?                                Multiple reports have been made to the Australian Taxation Office and the Fair Work Ombudsman.

The issue has also been raised directly with local MPs, the Minister for Employment and Workplace Relations and the United Workers Union.

Yet no system-wide investigation has been announced.

Why is nobody taking responsibility?

📢What we are calling for

1. The ATO to conduct a full audit of SUPP and participating businesses and recover every dollar of unpaid super identified.

2. The Fair Work Ombudsman to investigate possible sham contracting, worker misclassification and avoidance of workplace obligations.

3. Penalties for any business or platform found to have broken the law.

Hospitality workers earned this money. If it was not paid, it must be found and returned.

Sources and Links:
Fair Work Ombudsman: Sham Contracting​

Fair Work Ombudsman: Employee or Contractor 

Related Petitions:                                                        Fair Pay Reforms: Creative Industries  Highlights sham-contracting and National Employment Standards