Fair work shams; what is the test?

Clients who are or have been employees will often advise me, as if it is incontrovertible, that the arrangements he…

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Building blocks; the fundamental distinction between a contractor and an employee

“We think it particularly significant that the joint judgment endorsed the proposition that ‘‘the distinction between an employee and an…

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Can you sleep at night? Sham workplace contracts

A very dear friend of mine has told me that his young adult daughter has been hired into an administration…

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In the eye of the beholder; a perspective upon labour hire arrangements

The concept of labour hire arrangements was analysed in Arcadia v Accenture Australia 2008) 170 IR 288 in the following…

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A duck is still a duck if it is not a rooster; sham contracts in employment law

The High Court has today confirmed that the reach of the sham contracting provisions of the Fair Work Act extends…

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