Categorising work relationships: Contract rules?

Published date22 February 2022
Subject MatterEmployment and HR, Contract of Employment
Law FirmCorrs Chambers Westgarth
AuthorMr Paul Burns, Anthony Longland, Graeme Watson, Jack De Flamingh and Breen Creighton

On 9 February 2022 the High Court of Australia handed down its decisions in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 (Construct) and in ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek). These decisions, together with the Court's earlier decision in WorkPac Pty Ltd v Rossato [2021] HCA 23 (Rossato), provide important guidance on the correct approach to the categorisation of work relationships in Australia.

In particular, the Court has affirmed that the key determinant of the...

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