Recent Cases

Efex Group Pty Ltd v Bennett [2024] FCAFC 35 (15 March 2024) (Katzmann, Bromwich and Lee JJ)


INDUSTRIAL LAW — nature of employment relationship — effect of recent decisions of the High Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2; 275 CLR 254 — where contract wholly oral — inferences as to terms of the contract from post-contractual conduct where there is no written contract — matters relevant to whether employment relationship exists — extent of the alleged employer’s right of control — whether alleged employee worked in service of the alleged employer’s business or his own business — whether alleged employee had the ability to work for others — whether he alleged employee had the ability to delegate any of his work for his alleged employer to others — whether alleged employee provided capital or assets towards or in relation to work for the alleged employer — relevance of mode of remuneration, leave (annual and sick) and taxation arrangements