Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moffet v Dental Corporation Pty Ltd [2019] FCA 344 File number: NSD 2285 of 2017
Judge: FLICK J
Date of judgment: 15 March 2019
Catchwords: INDUSTRIAL LAW – whether Respondent misrepresented employment as independent contracting arrangement – whether Respondent failed to make payments for accrued but untaken annual leave – whether Respondent failed to make payments with respect to accrued long service leave – whether Applicant was an employee or independent contractor at common law – consideration of general principles when determining whether a person is an employee or independent contractor – whether Applicant a "worker" for the purposes of the Long Service Leave Act 1955 (NSW) SUPERANNUATION – where Respondent did not make superannuation contributions on behalf of Applicant – whether Respondent required to make superannuation contributions – whether the Applicant an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (Cth) – consideration of wider statutory definition of employee
Legislation: Fair Work Act 2009 (Cth) ss 90, 323, 357, 570 Superannuation Guarantee (Administration) Act 1992 (Cth) s 12 Long Service Leave Act 1955 (NSW) ss 3, 4, 7, 12
Cases cited: Abdalla v Viewdaze Pty Ltd (2003) 122 IR 215 ACE Insurance Ltd v Trifunovski [2013] FCAFC 3, (2013) 209 FCR 146 ACT Visiting Medical Officers Association v Australian Industrial Relations Commission [2006] FCAFC 109, (2006) 153 IR 228 Ansett Australia Holdings Ltd (subject to deed of company arrangement) v International Air Transport Association [2006] VSCA 242, (2006) 60 ACSR 468 Australian Education Union v Victoria (Department of Education and Early Childhood Development) [2015] FCA 1196, (2015) 239 FCR 461 Australian Mutual Provident Society v Chaplin (1978) 18 ALR 385 Fair Work Ombudsman v Grouped Property Services Pty Ltd [2016] FCA 1034, (2016) 152 ALD 209 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] FCAFC 37, (2015) 228 FCR 346 Hall (Inspector of Taxes) v Lorimer [1992] 1 WLR 939 Hollis v Vabu Pty Ltd [2001] HCA 44, (2001) 207 CLR 21 Marshall v Whittaker's Building Supply Co (1963) 109 CLR 210 Massey v Crown Life Insurance Co [1978] 1 WLR 676 On Call Interpreters and Translators Agency Pty Ltd v Federal Commissioner of Taxation (No 3) [2011] FCA 366, (2011) 214 FCR 82 Putland v Royans Wagga Pty Ltd [2017] FCA 910 Steiner v Strang [2016] NSWSC 395 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Tattsbet Ltd v Morrow [2015] FCAFC 62, (2015) 233 FCR 46 Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561
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