The Federal Circuit Court has drawn a link between s-xual assault laws and the Fair Work Act's sham contracting prohibitions in finding that a floor repairing business was not "reckless" as to whether five of its independent contractors were actually employees.
The Fair Work Commission has rejected a protected action ballot application by a union seeking to regulate the use of labour hire, after noting conflicting full bench authorities on what constitutes a "reasonable belief" that a claim contains permitted matters only.
A building company and its director who dismissed a construction worker so that they could re-employ her as an independent contractor now face civil penalties and a possible compensation order.
