Recent Cases

Murphy v Chapple [2022] FCAFC 165 (28 September 2022) (Jagot, Banks-Smith and Jackson JJ)


INDUSTRIAL LAW — appeal against primary judge’s characterisation of employment relationship and associated contraventions of Fair Work Act 2009 (Cth) — where primary judge correctly found that employment contract orally varied such that appellant performed limited role as employee and otherwise was independent contractor for tax minimisation — primary judge erred in failing to find further oral variation to contract reducing payment sum — consequential effect on calculation of annual leave entitlement — matter remitted to primary judge for re-calculating annual leave and outstanding issue of penalty as necessary — appeal and cross-appeal otherwise dismissed with costs