High Court of Australia

Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45

2 Dec 2015

Case Number: P38/2015


French CJ, Kiefel, Bell, Gageler, Nettle JJ


Employment law – Employer and employee – Independent contractor – Sham arrangements – Fair Work Act 2009 (Cth), s 357(1) prohibits representation by employer to employee that contract of employment under which individual is employed is contract for services – First respondent represented that employees performed work as independent contractors under contracts for services with second respondent – Whether first respondent contravened s 357(1).

Words and phrases – "contract for services", "independent contractor", "sham arrangement".

Fair Work Act 2009 (Cth) – s 357.

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