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Australia construction interpretation

ZG Operations Australia Pty Ltd v Jamsek

(2022) 275 CLR 215
JurisdictionAustralia
CourtHigh Court of Australia
Year2022
StatusBinding authority

Summary

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

Key Principle

The HCA confirmed the approach in Personnel Contracting: the distinction between employee and contractor is determined by the contractual terms; the multi-factorial test considering the totality of the relationship was rejected.

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

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

Under the Fair Work Act, 'ten days' of paid personal leave means ten notional days (based on ordinary hours), not ten shifts, regardless of shift length.

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