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How to determine whether a person is an employee or contractor

Posted by Fair Work Legal Advice

· Saturday, July 18th, 2020

What follows is an extract from a decision of the Chief Justice of the Federal Court of Australia in an…

General protections; sham contracting

Posted by Fair Work Legal Advice

· Monday, October 1st, 2018

The general protections of the Fair Work Act contain a provision to the effect that it is unlawful for a…

Piercing the corporate veil; sham contracting and phoenix activity

Posted by Fair Work Legal Advice

· Tuesday, May 29th, 2018

Fair work implications of sham contracting and phoenix activity I came across the following extract from a recent decision of…

Fair work shams; what is the test?

Posted by Fair Work Legal Advice

· Wednesday, May 24th, 2017

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

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

Posted by Fair Work Legal Advice

· Thursday, January 7th, 2016

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

Can you sleep at night? Sham workplace contracts

Posted by Fair Work Legal Advice

· Tuesday, January 5th, 2016

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

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

Posted by Fair Work Legal Advice

· Thursday, December 31st, 2015

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

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

Posted by Fair Work Legal Advice

· Sunday, December 6th, 2015

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

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