Catchwords:

INDUSTRIAL LAW – High Court remittal – section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) – whether the primary trial judge was correct to find that the appellants did not fall within the extended definition of “employee” pursuant to s 12(3) of the SGA Act – where the primary judge was correct to find that the contracts of employment between the appellants and first and second respondents were not wholly or principally for the labour of the appellants –

where the appellants have not discharged the onus of proving that the contracts of employment were principally for their labour and therefore the second element of s 12(3) of the SGA Act is not satisfied – appeal dismissed