Recent Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (09 February 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)


Catchwords:


Industrial law (Cth) – Nature of employment relationship – Employee or independent contractor – Where second appellant backpacker with limited work experience sought construction work from respondent – Where respondent in business of labour‑hire – Where respondent and second appellant entered written contract describing second appellant as “self‑employed contractor” – Where respondent assigned second appellant to work on construction site run by respondent’s client – Where second appellant agreed with respondent to co‑operate with respondent and client in all respects in supply of his labour to client – Where no contract between second appellant and client – Where respondent paid second appellant for work performed for client – Whether second appellant employee of respondent.

Words and phrases – “business of supplying labour”, “contract of service”, “contractor”, “control”, “employee”, “independent contractor”, “label”, “labour‑hire”, “legal rights and obligations”, “multifactorial approach”, “own business”, “own business/employer’s business dichotomy”, “performance of work”, “serving in the business of the employer”, “subsequent conduct”, “totality of the relationship”, “triangular labour-hire arrangement”, “written contract”.