Federal Court of Australia
Federal Court of Australia
Murphy v Chapple [2022] FCAFC 165 Appeal from: Murphy v Astute Projects Pty Ltd (Subject to a Deed of Company Arrangement) [2021] FedCFamC2F 146
File number: QUD 347 of 2021
Judgment of: JAGOT, BANKS-SMITH AND JACKSON JJ
Date of judgment: 28 September 2022
Catchwords: 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
Legislation: Fair Work Act 2009 (Cth) ss 23(1), 44(1), 61(3), 87(1)–(2), 90(2), 117(2)–(3)(b), 119, 121(1)(b), 285, 293, 323, 324, 345, 357(1), 535(1)–(2), 536(1)–(2), 545(1)–(2)(b), 557C Fair Work Regulations 2009 (Cth) regs 3.31–3.42 Industrial Relations Act 2016 (Qld) s 95(3) Queensland Building and Construction Commission Act 1991 (Qld) ss 30A(1)(a)(i)–(b) Building and Construction General On-site Award 2010
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; (2018) 261 FCR 301 Association of Professional Engineers, Scientists and Managers Australia v Bulga Underground Operations Pty Ltd [2019] FCA 1960 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; (2022) 398 ALR 404 Décor Corporation Pty Ltd & Anor v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Hollis v Vabu Pty Ltd [2001] HCA 44; (2001) 207 CLR 21 Marshall v Whittaker's Building Supply Co [1963] HCA 26; (1963) 109 CLR 210 Robinson Helicopter Company Inc v McDermott [2016] HCA 22; (2016) 331 ALR 550 Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1; (1986) 160 CLR 16 Stratton Finance Pty Ltd v Webb [2014] FCAFC 110; (2014) 314 ALR 166 Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661
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