Security for Workers in an Insecure World of Work: Establishing Freedom of Association and Collective Bargaining as Fundamental Rights for Australian Workers

Independent contractors comprise an increasing proportion of the workforce in common law countries, and often fall outside the scope of employment and labour laws. As a result, their work has become increasingly insecure and often unsatisfactory. The International Labour Organization sought to temper such precariousness with its 1998 Declaration, which established five fundamental rights of workers, notably including the freedom of association and the right to collectively bargain (together, the "Two Rights"). This article argues that the proper meaning of the term "workers" includes employees and independent contractors, and that the Two Rights apply to both as a matter of international law. It argues for Australian legislation to be amended so that a defined group of independent contractors, determined using a modified version of the Californian Assembly Bill 5 test of employment, are provided with the Two Rights.