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Australia employee contractor distinctionconstruction

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

(2022) 275 CLR 165
JurisdictionAustralia
CourtHigh Court of Australia
Year2022
StatusBinding authority

Key Principle

Where the rights and duties of the parties are comprehensively committed to a written contract whose validity is not challenged as a sham, whether a worker is an employee or an independent contractor is to be determined by the legal rights and obligations created by that contract, not by a wide-ranging review of the subsequent conduct and 'totality' of the relationship.

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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