Logan Reed
As Australia continues to enforce some of the world's strictest COVID-19 measures, the question of whether Uber drivers need to be vaccinated is a pressing one. While there is no federal mandate, individual states and territories have implemented their own rules. For example, in South Australia, taxi and rideshare drivers must have had at least one dose of a COVID-19 vaccine and booked their second dose. In New South Wales, rideshare drivers from locked-down LGAs are restricted from working outside their local areas, except when transporting passengers for healthcare or social assistance. With varying regulations and ongoing adjustments, Uber drivers and riders alike must stay informed to ensure compliance with the latest requirements.
| Characteristics | Values |
|---|---|
| Uber drivers' vaccination status | Uber has not mandated COVID-19 vaccinations for its drivers. |
| Uber drivers' views on vaccination | Some Uber drivers support mandatory vaccination. |
| Uber's views on vaccination | Uber has called on the government to prioritise vaccinations for its drivers. |
| Uber's views on mandatory vaccination | Uber's chief executive Dara Khosrowshahi said he did not plan to mandate jabs for Uber’s drivers. |
| Uber drivers' vaccination status in South Australia | Point-to-point taxi drivers, rideshare operators, and chauffeurs must have had at least one dose of a COVID-19 vaccine and have booked a second dose. |
| Uber drivers' vaccination status in Sydney | Uber drivers in Sydney's most locked-down areas have been offered work outside their local government areas. |
| Uber drivers' vaccination status in Melbourne | N/A |
| Uber drivers' entry to Australia | Uber drivers entering Australia must follow the same rules as other travellers. |
| Travellers' vaccination requirements for Australia | Travellers must be fully vaccinated with a vaccine approved or recognised by Australia's Therapeutic Goods Administration (TGA). |
| Travellers' vaccination certificates for Australia | Travellers must present a vaccination certificate issued by a national or state/provincial-level authority or an accredited vaccination provider. |
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What You'll Learn
Uber drivers in Australia are independent contractors
Uber drivers in Australia are considered independent contractors. This means that they are self-employed and are not entitled to the same benefits as employees, such as sick leave or annual leave. Uber drivers supply their own equipment and do not have set work hours or a designated workplace. They also have the freedom to work for other companies or undertake other work in addition to their Uber services.
The Fair Work Commission affirmed this definition in its 2017 ruling, which was preceded by a highly detailed investigation by the Fair Work Ombudsman. The Commission's decision is significant because it follows a common-law process, considering the facts of how Uber operates and applying the relevant common-law criteria.
The distinction between an independent contractor and an employee is essential in determining the rights and entitlements of workers. For example, Uber is not required to provide drivers with certain benefits or meet minimum wage requirements because they are considered independent contractors.
The classification of Uber drivers as independent contractors has been a subject of debate globally, with some arguing that Uber is engaging in a ""sham contracting arrangement" to avoid providing employee entitlements. However, in Australia, the Fair Work Ombudsman's decision that Uber drivers are independent contractors has strong precedents and is consistent with the Fair Work Commission's ruling.
It is worth noting that the situation may differ in other countries. For example, in the United States, the California Labor Commission recently decided that an individual Uber driver was an employee of Uber under Californian law.
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Uber has not mandated COVID-19 vaccinations for drivers
Uber has not mandated COVID-19 vaccinations for its drivers. The company's chief executive, Dara Khosrowshahi, has stated that he does not plan to make vaccination compulsory for drivers. Instead, he believes that public health orders are the appropriate way to mandate jabs. This is because Uber drivers are considered independent contractors, meaning the company does not have the same power to direct them to get vaccinated as they would with employees.
While Uber has not mandated COVID-19 vaccinations for its drivers, it has called on governments to prioritise vaccinations for its drivers and other delivery people. Uber has also removed the Uber Pro minimum cancellation rate requirements for local driver-partners in light of the NSW lockdowns.
In contrast to Uber, some other companies in the taxi and rideshare industry have chosen to mandate COVID-19 vaccinations for their drivers. For example, 13Cabs has announced that it will require its workforce of more than 10,000 drivers in Sydney and Melbourne to be vaccinated. The company has stated that this decision is to serve passengers who want to avoid close contact with unvaccinated people and to differentiate itself from competitors such as Uber.
While Uber has not mandated COVID-19 vaccinations for its drivers across Australia, there may be specific requirements in certain states or territories. For example, in South Australia, taxi and ride-share drivers operating at Adelaide, Mount Gambier, Parafield, and Port Lincoln airports are required to have at least one dose of a COVID-19 vaccine and have booked their second dose. However, the decision on whether to mandate vaccinations for workers in other industries remains up to individual businesses.
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Uber drivers in Sydney were offered jobs that breached lockdown rules
Uber drivers in Sydney's most locked-down areas, such as western and south-western Sydney, have reported being offered work outside their local government areas (LGAs), which breaches lockdown rules. Uber drivers who live in locked-down LGAs are generally not allowed to leave their LGA for work. However, the Uber app does not distinguish between trips inside and outside restricted areas, forcing drivers to either give up work or break the rules.
An Uber driver from Blacktown, who spoke anonymously, said the rules were confusing and that the Uber app was not helpful in clarifying them. Newer Uber drivers who have not earned enough points to unlock benefits on the app cannot see a trip's final destination until they accept it. This means that they may unknowingly accept jobs that breach lockdown rules.
In response to these concerns, Uber stated that changing the app was not something that could be done overnight. Uber also removed the Uber Pro minimum cancellation rate requirements for local driver-partners during the lockdown, allowing drivers to reject trips to LGAs of concern without consequence. Uber has called on the government to prioritise vaccinations for its drivers and other delivery people.
Despite these challenges, some Uber drivers in Sydney reported a growing number of people flouting lockdown rules. For example, one driver shared that he often picked up passengers who were going on Tinder dates or attending illegal lockdown parties. Another driver shared that many passengers were not wearing face masks, which was a legal requirement when stepping inside a rideshare vehicle.
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Taxi company 13Cabs mandates COVID-19 vaccinations for its drivers
In August 2021, Australian taxi company 13Cabs announced that it would mandate COVID-19 vaccinations for its drivers in Sydney and Melbourne. The company's decision was driven by two main factors: serving passengers who want to avoid close contact with unvaccinated individuals and differentiating itself from competitors such as Uber. 13Cabs plans to pursue customers who specifically request vaccinated drivers.
The company has not specified when vaccinations will become compulsory but has started collecting its drivers' vaccination status. A survey of its workforce found that only 5.9% do not plan to get vaccinated. 13Cabs' chief operating officer, Stuart Overell, stated that the company could not immediately mandate jabs due to vaccine supply issues but affirmed that they "have a plan to mandate vaccinations of drivers eventually."
In the meantime, 13Cabs will allow customers to request a vaccinated driver through its app, using the "VAX" option. Drivers who refuse vaccination will be redeployed to jobs with less human contact, such as parcel delivery. The company's initiative has been well-received by its drivers, with 20% providing their vaccination certificates within the first two days of the announcement.
Unlike 13Cabs, rideshare company Uber does not plan to mandate COVID-19 vaccinations for its drivers in Australia. Uber's chief executive, Dara Khosrowshahi, stated that public health orders should be the appropriate way to mandate jabs, especially considering the large number of riders and drivers involved. Uber has, however, called on the government to prioritise vaccinations for its drivers and other delivery personnel.
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Uber drivers in South Australia support vaccine mandate
Uber drivers in South Australia have expressed support for the state's vaccine mandate for ride-share drivers. Uber driver Nas Yazdani said, "It's helpful for our health and our community," while fellow rideshare driver Tilaye Teketel commented, "I'm fully vaccinated. I've done everything. I think everything will be fine."
The South Australian government has mandated vaccination for people working in specific sectors, including healthcare, education, and aged care. Taxi and ride-share drivers operating at airports were also added to the mandated list. This decision was made to ensure the safety of international arrivals and vulnerable individuals who rely on these services.
While Uber has not mandated vaccinations for its drivers, the company has called on governments to prioritise vaccinations for its drivers and delivery people. Uber's chief executive, Dara Khosrowshahi, stated that public health orders were the appropriate way to mandate jabs rather than placing the responsibility on companies.
Some businesses in South Australia have imposed their own vaccine mandates, while others seek clarity on the matter. The state government has ruled out mandatory vaccinations for all workers, with Premier Steven Marshall warning of potential employment drops.
As South Australia opened its borders to vaccinated travellers, businesses are adapting to the new landscape. Taxi company 13Cabs has differentiated itself by mandating COVID-19 vaccinations for its drivers, targeting customers who want to avoid close contact with unvaccinated individuals.
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Frequently asked questions
Yes, Uber drivers in Australia must have had at least one dose of a COVID-19 vaccine and have made a booking for a second.
Uber drivers who are not vaccinated will not be allowed to work and may face fines.
Uber drivers who live in locked-down LGAs are generally not allowed to leave their LGA to work. However, they can transport people for "specified healthcare and social assistance activities".
Yes, Uber drivers must follow COVID-19 restrictions. Uber drivers who do not follow these restrictions may be fined.
