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
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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