High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJ
ZG OPERATIONS AUSTRALIA PTY LTD & ANOR APPELLANTS
AND
MARTIN JAMSEK & ORS RESPONDENTS
ZG Operations Australia Pty Ltd v Jamsek
[2022] HCA 2
Date of Hearing: 1 September 2021
Date of Judgment: 9 February 2022
S27/2021
ORDER
1. Appeal allowed.
2. Set aside the orders of the Full Court of the Federal Court of Australia made on 16 July 2020.
3. The issues raised by the notice of cross-appeal be remitted to the Full Court of the Federal Court of Australia for determination, and the Full Court to otherwise make orders in accordance with the reasons of this Court.
On appeal from the Federal Court of Australia
Representation
S J Wood QC and D Ternovski for the appellants (instructed by Agnew Legal)
N C Hutley SC and R S Francois with A D Crossland for the respondents (instructed by Watson Law)
New South Wales Business Chamber Limited appearing as amicus curiae, limited to its written submissions
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
ZG Operations Australia Pty Ltd v Jamsek
Industrial law (Cth) – Nature of employment relationship – Employee or independent contractor – Where respondents previously employed by company as truck drivers – Where respondents agreed to "become contractors" and purchase own trucks – Where each respondent set up partnership with spouse – Where partnerships executed contract with company for provision of delivery services – Where contract provided partnerships to purchase trucks – Where contract provided partnerships be paid by company for delivery services – Whether respondents employees of company.
Words and phrases – "contractual rights and obligations", "control", "disparity in bargaining power", "employee", "goodwill", "independent contractor", "partnership", "provision of services", "sham", "substance and reality", "totality of the relationship", "worker", "written contract".
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