Federal Court of Australia
Federal Court of Australia
Parker v HG Innovations Pty Ltd [2021] FCA 1051 Appeal from: Parker v HG Innovations Pty Ltd & Ors [2020] FCCA 3093
File number: QUD 359 of 2020
Judgment of: LOGAN J
Date of judgment: 31 August 2021
Catchwords: INDUSTRIAL LAW – appeal from the decision of the Federal Circuit Court of Australia to dismiss the appellant's application pursuant to the Fair Work Act 2009 (Cth) – where the appellant had alleged "adverse action" as a result of termination – where the primary judge made averse credibility findings of the appellant – where those findings accorded with contemporaneous documents – whether the appellant was an employee of one of the respondent companies – where contractual relationship between the parties was informal – where parties chose by their contract to term the respondent a "contractor" – where the respondents had a right to exercise control over the appellant – where contractual provision for payment in gross, without pay as you go (PAYG) withholding and inclusive of goods and services tax (GST) – where rights and obligations of parties pursuant to the contract are consistent with revenue law and obligations of a contractor – appeal dismissed
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 361
Cases cited: ACE Insurance Ltd v Trifunovski (2013) 209 FCR 146 Bank voor Handel en Scheepvaart NV v Slatford [1953] 1 QB 248 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Colonial Mutual Life Assurance Society Ltd v Producers and Citizens Co-operative Assurance Co of Australia (1931) 46 CLR 41 Doyle v Sydney Steel Co Ltd (1936) 56 CLR 545 Eastern Van Services Pty Ltd v Victorian WorkCover Authority (2020) 296 IR 391 Fox v Percy (2003) 214 CLR 118 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Marshall v Whittaker's Building Supply Co (1963) 109 CLR 210 On Call Interpreters and Translators Agency Pty Ltd v Federal Commissioner of Taxation (No 3) (2011) 214 FCR 82 Parker v HG Innovations Pty Ltd (No 2) [2020] FCA 906 Parker v HG Innovations Pty Ltd [2019] FCA 1291 Parker v HG Innovations Pty Ltd [2020] FCCA 3093 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 Tattsbet Ltd v Morrow (2015) 233 FCR 46 Vabu Pty Ltd v Federal Commissioner of Taxation (1996) 33 ATR 537 Warren v Coombes (1979) 142 CLR 531 WorkPac Pty Ltd v Rossato [2021] HCA 23
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