Federal Court of Australia
Federal Court of Australia
EFEX Group Pty Ltd v Bennett [2024] FCAFC 35 Appeal from: EFEX Group Pty Ltd v Bennett [2023] FCA 508
File number: NSD 563 of 2023
Judgment of: KATZMANN, BROMWICH AND LEE JJ
Date of judgment: 15 March 2024
Catchwords: INDUSTRIAL LAW — nature of employment relationship — effect of recent decisions of the High Court of Australia in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2; 275 CLR 254 — where contract wholly oral — inferences as to terms of the contract from post-contractual conduct where there is no written contract — matters relevant to whether employment relationship exists — extent of the alleged employer's right of control — whether alleged employee worked in service of the alleged employer's business or his own business — whether alleged employee had the ability to work for others — whether he alleged employee had the ability to delegate any of his work for his alleged employer to others — whether alleged employee provided capital or assets towards or in relation to work for the alleged employer — relevance of mode of remuneration, leave (annual and sick) and taxation arrangements
Legislation: Fair Work Act 2009 (Cth) s 382
Cases cited: Ace Insurance Limited v Trifunovski [2013] FCAFC 3; 209 FCR 146 Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; 261 FCR 301 Chiodo v Silk Contract Logistics [2023] FCA 1047 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 Fazio v Fazio [2012] WASCA 72 Hollis v Vabu [2001] HCA 44; 207 CLR 21 JMC Pty Ltd v Federal Commissioner of Taxation [2023] FCAFC 76; 297 FCR 600 Realestate.com.au Pty Ltd v Hardingham [2022] HCA 39; 406 ALR 678 Tattsbet Ltd v Morrow [2015] FCAFC 62; 233 FCR 46 WorkPac Pty Ltd v Rossato [2021] HCA 23; (2021) 271 CLR 456 ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2; 275 CLR 254
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