Jeremy Rhind is taking the food delivery giant to court, accusing it of paying him less than half the minimum wage.

Mr Rhind was paid just $9 per delivery - or $10.50 per hour - well below the Australian minimum wage of $19.49.

"When it's quite busy and you've got deliveries back to back you can get an OK wage but that averages out through the quiet periods," he told reporters in Canberra on Wednesday.

"I would be happy to do it again for a proper wage."

He has secured the backing of the Transport Workers Union, which says the Canberra man is a victim of wage theft.

The union won a similar case against Foodora last year, forcing it out of Australia after it admitted to underpaying its workers nearly $2.3 million.

"This rider faced what thousands of food delivery riders endure every day: getting ripped off their wages," TWU national secretary Michael Kaine said.

"Just because a worker is engaged via an app doesn't mean they should be forced to work below minimum rates."

Mr Rhind is pursuing Deliveroo for back-pay, leave and superannuation.

The case will hinge on whether Deliveroo riders are considered company employees or contractors, which dictates the pay and conditions of workers.

The TWU is urging the Morrison government to join its legal stoush against Deliveroo.

Labor senator Tony Sheldon, the former head of the union, accused the government and regulators of failing to stand up for exploited workers.

"Food delivery in Australia is like a digital 'Hunger Games' where workers are increasingly pitted against an algorithm that monitors and controls their every move," Senator Sheldon said.

"(The system) punishes them if they get injured or don't agree to work on demand.

"We are talking about ordinary Australians who just want a fair day's work for a fair day's pay. When will Scott Morrison stand up for these quiet Australians?"

Deliveroo has defended its employment structures, talking up the flexibility afforded to its riders, and suggesting average pay packets are well above the minimum wage.

"If riders were employees ... they would have to work exclusively for Deliveroo in fixed shift patterns, which is not the way of working riders tell us they want," a company spokesperson told AAP.

The union disagrees.

"No amount of talk about flexibility can dress this up as anything but exploitation," Mr Kaine said.

"Riders have the right to be paid a fair rate and that is what we will be fighting for."

Mr Rhind's case is due before the Federal Circuit Court on October 8.

Australian Associated Press