A Roy Morgan Research subsidiary plans to take to the High Court its claim that payments to contractors should be taken to include all award entitlements, after a failed full court appeal that director Gary Morgan says has "massive implications" for other companies.
A leading silk has told a gathering of major employers that the federal government should adopt the Harper competition review's recommendation to outlaw agreement clauses that limit employers' use of contractors and labour hire employees.
A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.
The Fair Work Ombudsman has found links between the former Victorian Coalition Government's budget cuts and public sector employment practices that could have breached the Fair Work Act.
The Federal Court will examine the multi-level marketing operations of an international networking business after the Federal Circuit Court ruled that a sham contracting case launched by the FWO was complex and lengthy enough to go to a higher authority.
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.
