FWC delivers another employee v independent contractor decision, post High Court ruling in Personnel Contracting
The FWC has recently delivered a ruling involving an analysis of an employee v independent contractor relationship post the High Court’s landmark decisions of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek) in this area last year.
Recalcitrant tenants take advantage of jurisdictional blackhole – watch this space.
As confirmed by the High Court’s decision in Burns v Corbett [2018] HCA 15, state tribunals, such as VCAT, do not have the jurisdiction to hear disputes between interstate parties.
Employers will celebrate landmark High Court decision on casual employment
On Wednesday 4 August the High Court upheld the appeal of labour-hire company, WorkPac, in a decision which will come as welcome news to employers.
The Court unanimously overturned the May 2020 decision of the Full Court of the Federal Court which had held that an employee of WorkPac, Robert Rossato, was entitled to paid leave entitlements and public holiday payments as a permanent employee of the company, despite being contracted as a casual worker.