Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118

Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118

Dr Moffet was not an employee of Dental Corporation under the Fair Work Act 2009 (Cth) and was not a worker under the Long Service Leave Act 1955 (NSW) because, assessed as a whole, the relationship created and operated under the Services Agreement had features inconsistent with employment, including Dental Corporation's lack of real control over his dental work, his ability to determine how much he worked and when he took leave, GST invoicing and tax treatment, professional indemnity arrangements, revenue-linked remuneration, and his underwriting of minimum cash flow. However, he was an employee for the purposes of s 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth)...

Jurisdiction
Australia
Judgment Date
16 July 2020
Procedural Posture
Appeal and Cross Appeal in the Fair Work Division Concerning Employment Status, Leave Entitlements and Superannuation / Full Court Appeal From Moffet V Dental Corporation Pty Ltd [2019] FCA 344
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
['employee or Independent Contractor' 'annual Leave Under the Fair Work Act 2009 (cth)' 'long Service Leave Under the Long Service Leave Act 1955 (nsw)' 'employee Under S 12(3) of the Superannuation Guarantee (administration) Act 1992 (cth)' 'multifactorial Assessment of Employment Relationship' 'contract Wholly or Principally for Labour']
['industrial Law' 'superannuation' 'employment & Industrial Relations'] ['employee or Independent Contractor' 'annual Leave Under the Fair Work Act 2009 (cth)' 'long Service Leave Under the Long Service Leave Act 1955 (nsw)' 'employee Under S 12(3) of the Superannuation Guarantee (administration) Act 1992 (cth)' 'multifactorial Assessment of Employment Relationship' 'contract Wholly or Principally for Labour']

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Procedural Posture

Appeal and Cross Appeal in the Fair Work Division Concerning Employment Status, Leave Entitlements and Superannuation / Full Court Appeal From Moffet V Dental Corporation Pty Ltd [2019] FCA 344

Legal Issues

  1. 1 ['Whether Dr Moffet was an employee of Dental Corporation for the purpose of annual leave under the Fair Work Act 2009 (Cth).' 'Whether Dr Moffet was a worker under the Long Service Leave Act 1955 (NSW).' 'If Dr Moffet was a worker under the Long Service Leave Act 1955 (NSW), whether he resigned on account of illness.' 'Whether Dr Moffet was an employee within the extended meaning in s 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth).']

Ratio Decidendi

Dr Moffet was not an employee of Dental Corporation under the Fair Work Act 2009 (Cth) and was not a worker under the Long Service Leave Act 1955 (NSW) because, assessed as a whole, the relationship created and operated under the Services Agreement had features inconsistent with employment, including Dental Corporation's lack of real control over his dental work, his ability to determine how much he worked and when he took leave, GST invoicing and tax treatment, professional indemnity arrangements, revenue-linked remuneration, and his underwriting of minimum cash flow. However, he was an employee for the purposes of s 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth)...

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The Appellant pay the Respondent's costs of the appeal." 'The cross-appeal be dismissed.' "The Respondent pay the Appellant's costs of the cross-appeal."]