Independent contractors and the construction industry: some employment law and further legal perspectives
Floyd, Louise (2008) Independent contractors and the construction industry: some employment law and further legal perspectives. In: Presentations from the 4th Annual Queensland State Construction Law Masterclass. From: 4th Annual Queensland State Construction Law Masterclass, 13-14 February 2008, Brisbane, QLD, Australia.
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Abstract
[Extract] What is genuine contracting?
• Go to Common Law and factual substance
• Therein lies the difficulty?
• Stephens v Brodribb (1986) 160 CLR 16;
• Hollis v Vabu (2001) 207 CLR 21;
• Sweeney v Boy/an Nominees (2006) 222 CLR 161
Contractor - commercial relationship - entrepreneurial.
• Sell their skills and labour to those who bid, work for numerous, election to be contractor, control over selves, ABN?
Employee - totality of the relationship and within that totality, control is an important part. Hence:
• tied to one employer; control of work direction; emanations; tax, superannuation, exclusive service.
• Legal intervention on hunam rights grounds
Significance of Distinction:
• 1. DUTIES owed eg tax, superannuation (although note superannuation rulings)
• 2. LIABILITY - employer is liable for employee wrongs (and wrongs of agent), but independent contractor is liable for self.
Item ID: | 27907 |
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Item Type: | Conference Item (Presentation) |
Keywords: | labour law, employment law |
Date Deposited: | 30 Oct 2014 04:42 |
FoR Codes: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180118 Labour Law @ 100% |
SEO Codes: | 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100% |
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