17/09/2026
How can someone be called an independent contractor when they are expected to accept work without knowing the destination, duration or approximate payment?
A new Australian Fair Work Commission decision has examined that question in relation to Uber.
In Muhammad Khalil v Rasier Pacific Pty Ltd trading as Uber, an Australian driver challenged the information withheld when Uber offers ordinary passenger trips.
For an ordinary trip request, the driver is shown the estimated time and distance to the passenger’s pickup point, the passenger’s rating and the type of Uber service requested. The driver has approximately 12 seconds to accept, reject or ignore it.
The driver is not shown the destination or estimated fare before accepting. According to the decision, the destination is ordinarily not revealed until the driver starts the trip.
Mr Khalil asked the Commission to require Uber to display the estimated payment and duration before drivers decided whether to accept the work.
Uber argued that providing this information could encourage drivers to select only attractive trips, resulting in lower acceptance rates, longer passenger waiting times and reduced services for shorter trips or less popular destinations.
Yet Uber already provides the fare, destination, distance and duration before drivers accept Reserve and Intercity trips.
The Commission recognised that the withheld information directly concerned drivers’ remuneration and working time. However, it found that the contract was not harsh, unjust or unreasonable because drivers could accept, reject or ignore a request.
Mr Khalil’s application was dismissed.
My view is that this is a significant decision.
Uber describes its drivers as independent contractors with commercial freedom, yet deliberately withholds the most basic information required to assess a job.
A genuine independent contractor would normally know the work, destination, approximate duration and proposed payment before agreeing to undertake it.
Having 12 seconds to press accept, reject or ignore is not the same as making an informed commercial decision.
Uber cannot have it both ways. It cannot rely on drivers being independent contractors while controlling the information they need to exercise that independence.
Real choice requires real information.
