Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2019] FCA 1806

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2019] FCA 1806 File number: VID 1191 of 2018

Judge: O'CALLAGHAN J

Date of judgment: 6 November 2019

Catchwords: INDUSTRIAL LAW – application made under s 545(1) of the Fair Work Act 2009 by union and a worker alleging contraventions of the Act for breaches of the Building and Construction General On-Site Award 2010 – hire of labour – nature of contract between labour hire company and worker – whether worker an employee of labour hire company – held that relationship was not one of employment, but one of principal and self-employed contractor – application dismissed

Legislation: Building and Construction General On-Site Award 2010 Fair Work Act 2009 (Cth), s 545(1)

Cases cited: ACE Insurance Ltd v Trifunovski (2013) 209 FCR 146 Australian Mutual Provident Society v Chaplin (1978) 52 ALJR 407 Building Workers' Industrial Union of Australia v Odco Pty Ltd (1991) 29 FCR 104 Fair Work Ombudsman v Ecosway Pty Ltd [2016] FCA 296 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (2015) 228 FCR 346 Forstaff Pty Ltd v Chief Commissioner of State Revenue (2004) 144 IR 1; [2004] NSWSC 573 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Odco Pty Ltd v Building Workers Industrial Union and others [1989] FCA 483 On Call Interpreters & Translators Agency Pty Ltd v Commissioner of Taxation (No 3) (2011) 214 FCR 82 Personnel Contracting Pty Ltd (t/as Tricord Personnel) v Construction, Forestry, Mining and Energy Union of Workers [2004] WASCA 312; 141 IR 31 Queensland Stations v Federal Commissioner of Taxation (1945) 70 CLR 539 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Tattsbett Ltd v Morrow (2015) 233 FCR 46 Toll (FGCT) Pty Ltd v Aplhapharm Pty Ltd (2004) 219 CLR 165 Whitby v ZG Operations Australia Pty Ltd [2018] FCA 1934