Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Putland v Royans Wagga Pty Limited [2017] FCA 910 File number: NSD 1006 of 2015
Judge: BROMWICH J
Date of judgment: 9 August 2017
Catchwords: INDUSTRIAL LAW – whether radio base (call centre) work performed by the applicants for respondent truck repair company was pursuant to a contract of employment or contract for services – principles on determination of employment vs independent contractor status – held: applicants were employees of the respondent for the relevant period INDUSTRIAL LAW – determination of appropriate award, job classification and nature of employment – claimed breaches of the Fair Work Act 2009 (Cth) flowing from finding an employment relationship – breach of a modern award under s 45 – misrepresentation of employment being pursuant to a contract for services under s 357 – failure to provide pay slips under s 536 – separate claim for breach of implied term of employment contract for failure to provide notice of termination – held: breaches of ss 45, 357 and 536 made out – separate hearing to determine relief
Legislation: Evidence Act 1995 (Cth), s 59 Fair Work Act 2009 (Cth), ss 13, 45, 46, 117, 357, 536, 545, 546 Independent Contractors Act 2006 (Cth), ss 12, 16
Cases cited: ACE Insurance Ltd v Trifunovski [2013] FCAFC 3; 209 FCR 146 Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 Federal Commissioner of Taxation v Barrett (1973) 129 CLR 395 Hamzy v Tricon International Restaurants [2001] FCA 1589; 115 FCR 78 Hollis v Vabu Pty Ltd [2001] HCA 44; 207 CLR 21 Humberstone v Northern Timber Mills (1949) 79 CLR 389 Kucks v CSR Limited (1996) 66 IR 182 Marshall v Whittaker's Building Supply Company (1963) 109 CLR 210 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Tattsbet Ltd v Morrow [2015] FCAFC 62; 233 FCR 46 Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561 4 yearly review of modern awards – Casual employment and Part-time employment [2017] FWCFB 3541 Telum Civil (Qld) Pty Limited v Construction, Forestry, Mining and Energy Union [2013] FWCFB 2434; 230 IR 30
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