Employee or contractor; The Fair Work Commission’s tests

The jurisdiction of the Fair Work Commission is essentially rooted in the regulation of legal relations between an employer and…

Read More →

Employees or independent contractors?; the test

Despite the preparedness of the Fair Work Commission (and the ATO for that matter) to go behind a written agreement…

Read More →

Employment or contractor relationship?

What follows is an extract from a recent decision of the Federal Circuit Court of Australia about the legal tests…

Read More →

Employee or contractor in Fair Work law?

Recently, in Rutland v Royans Wagga Pty Ltd [2017] FCA 910 delivered 9 August 2017 per Bromwitch J the Federal Court…

Read More →

Independent contractors and the general protections

An independent contractor is covered by the general protections provisions of the Fair Work Act. What is an independent contractor?…

Read More →

Employee or contractor; relevance of tax arrangements

What is the relevance of taxation arrangements agreed to inter partes (between the parties in English) to the question whether…

Read More →

Employee or contractor?

It is almost a daily occurrence for the Fair Work Commission to have to decide whether a person is an…

Read More →

The concept of “disguised employment”

Contracts of service vs contracts for services; “It is important to bear in mind that there can be no employment…

Read More →

Employee or contractor No 2

“In Fair Work Ombudsman v Grouped Property Services Pty Ltd [2016] FCA 1034 (Grouped Property Services) [39]-[42], Katzman J summarised…

Read More →

Employee or contractor?

“In French AccentJiang Shen Cai trading as French Accent v Michael Anthony Do Rozario [2011] FWAFB 8307. (French Accent) it…

Read More →