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Judgment date
Case number
P38/2015
Before
French CJ, Kiefel, Bell, Gageler, Nettle JJ
Catchwords
Employment law – Employer and employee – Independent contractor – Sham arrangements – Fair Work Act 2009 (Cth), s 357(1) prohibits representation by employer to employee that contract of employment under which individual is employed is contract for services – First respondent represented that employees performed work as independent contractors under contracts for services with second respondent – Whether first respondent contravened s 357(1).
Words and phrases – "contract for services", "independent contractor", "sham arrangement".
Fair Work Act 2009 (Cth) – s 357.