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64 articles are classified in All Articles > Legal > Independent contractors


Nothing stopping delivery riders "abandoning" meals: Uber

Before entering into a private settlement with a food delivery worker accusing Uber Eats of unfair dismissal, the company has told a full Federal Court that delivery "partners" are free to negotiate lower fees and abandon meals after collecting them.

Full court rejects attempt to knock out class action

A workforce management company supplying technicians to the NBN, Telstra and Foxtel has failed to convince a full Federal Court that it should knock out a class action on behalf of at least 3350 workers allegedly misclassified as subcontractors.

Full court fuels questions over independent contractors

A full Federal Court led by Chief Justice James Allsop has expressed disquiet about how employment relationships involving labour hire companies and the rising gig economy are assessed, noting that only respect for decisions by other appeal courts prevented it reaching a different conclusion about a backpacking labourer's status.

Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.

ClubsNSW denies "whistleblower's" sham contracting claim

ClubsNSW is pushing back against a compliance auditor's sham contracting and defamation claims, while also pursuing him in another court for leaking an "alarming" board document to independent MP Andrew Wilkie.


Court allows workers to maintain class action

The Federal Court has refused to "declass", provide an "opt-in" or make a common fund order for a major class action that is seeking entitlements for at least 3350 telecommunications workers allegedly misclassified as subcontractors.

Employer's blood-alcohol limit change "impermissible"

A tribunal has upended a large transport company's "unilateral" decision to change to zero its blood alcohol policy limit for contracted owner-drivers, finding a toolbox meeting and noticeboard postings did not meet the governing agreement's consultation requirements.

Our contracts do not contain 'work-wages bargain': Deliveroo

The arrangement under which a former driver worked about 30 hours over a 10-month period could not possibly be considered casual employment, Deliveroo has argued in its Federal Circuit Court defence against a sham contracting case.

Employee status "not a box-checking exercise": Judge

The Federal Court has rejected a bid by the FWO and CFMMEU to upset a major labour hire company's treatment of workers as independent contractors, finding the service agreement signed by the parties transparently spelt out the true nature of their relationship.