Howard v Merdaval Pty Ltd (trading as North Essendon Auto Spares) [2020] FCA 43

Howard v Merdaval Pty Ltd (trading as North Essendon Auto Spares) [2020] FCA 43

On a proper application of the multi-factorial test considering the totality of the relationship, including the parties’ intentions, absence of control, capacity to delegate, operation of her own ABN and business invoicing, and provision of her own vehicle and equipment, the appellant was engaged as an independent contractor and not as an employee. Thus, the relevant awards did not apply, and the appeal must be dismissed.

Parties
Appellant: Robyn Howard; Respondent: Merdaval Pty Ltd trading as North Essendon Auto Spares
Jurisdiction
Australia
Judgment Date
05 February 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Employee or Contractor Status, Federal Awards, Contract of Service Vs Contract for Services
Industrial Law Employment Law Employee or Contractor Status Federal Awards Contract of Service Vs Contract for Services

Case Brief

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Parties

Robyn Howard

Appellant

Merdaval Pty Ltd trading as North Essendon Auto Spares

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was an employee or independent contractor under the Fair Work Act 2009 (Cth)
  2. 2 Whether awards applied to the appellant’s engagement
  3. 3 Entitlement to compensation for underpayment

Ratio Decidendi

On a proper application of the multi-factorial test considering the totality of the relationship, including the parties’ intentions, absence of control, capacity to delegate, operation of her own ABN and business invoicing, and provision of her own vehicle and equipment, the appellant was engaged as an independent contractor and not as an employee. Thus, the relevant awards did not apply, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.