Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (No 2) [2013] FCA 582 Citation: Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (No 2) [2013] FCA 582
Parties: FAIR WORK OMBUDSMAN v QUEST SOUTH PERTH HOLDINGS PTY LTD (ACN 109 989 531), CONTRACTING SOLUTIONS PTY LTD (ACN 099 388 575), ASHVIN LUCHMAYA and PAUL KONSTEK
File number: WAD 185 of 2011
Judge: MCKERRACHER J
Date of judgment: 14 June 2013
Place: Perth
Catchwords: INDUSTRIAL LAW – sham contracting – accessorial liability – whether threat to dismiss in order to reengage employee as an independent contractor – whether misrepresentation of employment relationship as a contract for services
Legislation: Fair Work Act 2009 (Cth) ss 357, 358, 360, 361, 550, 793(2)
Cases cited: Building Workers' Industrial Union of Australia v ODCO Pty Ltd (1991) 29 FCR 104 Construction, Forestry, Mining and Energy Union v Fair Work Ombudsman v Kentwood Industries Pty Ltd (No 2) (2010) 201 IR 234 Fair Work Ombudsman v Maclean Bay Pty Ltd (2012) 200 FCR 57 Wells v Fair Work Ombudsman [2013] FCAFC 47 Yorke v Lucas (1985) 158 CLR 661 Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561
Date of hearing: 16 - 18 October 2012 and 16 November 2012
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate