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Employee/Contractor Test Criticised

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has failed to prove that an on-hire worker engaged by Personnel Contracting Services Pty Ltd (trading as Construct) was an employee and not an independent contractor. In a November 2019 decision, a...

New Case: Contractors found to be Employees

The full bench of the Federal Court recently delivered a judgement that two independent contractor truck drivers employed as such for 40 years were in fact employees. The decision, Jamsek v ZG Operations Australia Pty Ltd (2020) reinforced the view that a longstanding...

Statutory Duty of Care

The Design and Building Practitioners Act 2020 introduces a range of statutory obligations on workers in the building industry. Notable is the new statutory duty of care toward property owners imposed upon anyone performing construction work. While property owners...

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