The COVID-19 pandemic has seen a meteoric rise in the reliance on online food delivery businesses. Menulog wants a new modern award developed to cover this on-demand delivery services industry.

Menulog has lodged an application with the Fair Work Commission (FWC), claiming its food delivery industry is not covered by any current industry or occupation modern award, and that the default Miscellaneous Award 2010 is not sufficient for its purposes.

Menulog does not operate a fast-food business. Rather, it operates an online platform for the sale of food and beverages through third-party suppliers. Thus, it claims the Fast Food Industry Award 2010 does not apply.

Menulog cited the Full Court of the FWC’s observations in its review of the Miscellaneous Award 2010 to support the fact it was not an award designed for its new industry: “we do not think the award should contain a comprehensive safety net designed for any particular occupation or industry. Rather it should contain basic conditions only, leaving room for the application of an appropriate safety net in another modern award in due course.”

Menulog wants a new on-demand delivery services industry modern award to cover “the collection and delivery of food, beverages, goods or any other item, that are ordered by a consumer from third-party businesses that offer food, goods and other items for sale for immediate collection and delivery on an online or application-based platform, provided that:

• the collection and delivery is not of the employer’s own food, beverages, goods or other items offered by it for sale; and
• the employer is not in the primary business of providing general transport or delivery services at large of food, beverages, goods or any other item that has not been purchased on its online platform.”

The FWC will now have the task of deciding whether:

• it agrees that no current modern award applies to Menulog;
• creating an on-demand delivery services industry will meet the modern award objectives; and
• it can change an existing modern award without creating a new modern award.

By Kelly Godfrey