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Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd

[2015] HCA 45
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.

Files
45.rtf (133.43 KB)
45.pdf (112.86 KB)