Australia

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd

(2022) 275 CLR 165

JurisdictionAustralia

CourtHigh Court of Australia

Year2022

Statusunclear

Key Principle

The HCA held that the characterisation of a worker as employee or independent contractor depends on the terms of the contract, not the totality of the relationship; if the contract is not a sham, the legal rights and obligations it creates are determinative.

Area of Law

employment

Related Cases

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 254

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

Mondelez Australia Pty Ltd v Automotive Food Metals Engineering Printing and Kindred Industries Union (2020) 271 CLR 23

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