Australia’s Fair Work Ombudsman is examining hospitality marketplace Supp following concerns that workers using the platform may be incorrectly classified as independent contractors.

Supp connects hospitality businesses with workers looking to pick up shifts at bars, pubs and cafes. The platform says workers are independent contractors and are responsible for managing their own tax and superannuation obligations.

However, employment experts have questioned whether simply labelling workers as contractors is enough to determine their legal status.

The concerns centre on workers who may perform duties similar to employees, including working regular shifts for the same businesses, while potentially missing out on entitlements such as superannuation.

One worker told the ABC he had never received superannuation for shifts arranged through Supp. He said individual claims could be difficult to pursue, particularly when a single shift might generate only a small superannuation amount.

Employment lawyer Fay Calderone said several factors should be considered when determining whether someone is genuinely an independent contractor. These include how much control a business exercises over the worker, whether the worker operates an independent business, whether they can delegate their work and whether they carry genuine commercial risk.

Importantly, she said even workers who are legitimately classified as contractors may still be entitled to superannuation in certain circumstances if their contracts are primarily for their labour.

The Fair Work Ombudsman has confirmed it will make inquiries into Supp but has not provided further details about the investigation.

Supp chief executive Jordan Murray rejected suggestions that the platform deliberately misrepresents employment relationships or facilitates sham contracting. He said the platform was created to bring greater transparency to hospitality work through visible pay rates, digital payments and worker protections.

The investigation highlights broader questions facing Australia’s growing gig economy: when flexible work begins to resemble traditional employment, who is responsible for ensuring workers receive their legal entitlements?