Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Howard v Merdaval Pty Ltd (trading as North Essendon Auto Spares) [2020] FCA 43 Appeal from: Howard v Merdaval Pty Ltd Trading as North Essendon Auto Spares [2019] FCCA 1127
File number: VID 538 of 2019
Judge: O'CALLAGHAN J
Date of judgment: 5 February 2020
Catchwords: INDUSTRIAL LAW – application made in Federal Circuit Court under s 545(1) of the Fair Work Act 2009 (Cth) by worker conducting a business as a courier alleging contraventions of the Act for breaches of an award – primary judge held that the worker was an independent contractor not an employee and was thus not covered by award – appeal dismissed
Legislation: Fair Work Act 2009 (Cth), s 545(1)
Cases cited: ACE Insurance Ltd v Trifunovski (2013) 209 FCR 146 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2019] FCA 1806 CSR Limited v Della Maddalena (2006) 224 ALR 1; (2006) 80 ALJR 458; [2006] HCA 1 Fair Work Ombudsman v Ecosway Pty Ltd [2016] FCA 296 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 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Tattsbett Ltd v Morrow (2015) 233 FCR 46
Date of hearing: 29 November 2019
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
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