Putland v Royans Wagga Pty Limited [2017] FCA 910

Putland v Royans Wagga Pty Limited [2017] FCA 910

Objectively assessed, the applicants were employees of Royans Wagga during the relevant period. Although there were indicia of independent contracting, including ABNs, invoices, tax treatment and some work from home, those matters largely reflected form and subjective belief. The decisive factor was Royans Wagga's authority to control, exercised through Mr Andrews, together with the fact that the applicants performed the work only for Royans Wagga, used equipment and services paid for by Royans Wagga, accrued goodwill to Royans Wagga, and in the Hut performed substantially the same work as employees. The Clerks—Private Sector Award 2010 applied, the appropriate classification was level...

Jurisdiction
Australia
Judgment Date
09 August 2017
Procedural Posture
Employment and Industrial Relations Proceeding Concerning Alleged Fair Work Act 2009 (cth) Contraventions and Breach of Employment Contracts / Liability Judgment; Separate Hearing to Determine Outstanding Issues as to Final Relief
Outcome
The applicants succeeded on liability. The Court found that they were employees of Royans Wagga, covered by the Clerks—Private Sector Award 2010 as level three call centre principal customer contact specialists on a permanent full-time basis, and that Royans Wagga contravened ss 45, 357 and 536 of the Fair Work Act...
Legal Topics
['employee or Independent Contractor Characterisation' 'modern Award Coverage and Classification' 'misrepresenting Employment as Independent Contracting' 'pay Slips' 'notice of Termination' 'civil Penalties and Compensation Under the Fair Work Act 2009 (cth)']
['industrial Law' 'employment Law' 'contract Law'] ['employee or Independent Contractor Characterisation' 'modern Award Coverage and Classification' 'misrepresenting Employment as Independent Contracting' 'pay Slips' 'notice of Termination' 'civil Penalties and Compensation Under the Fair Work Act 2009 (cth)']

Case Brief

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Procedural Posture

Employment and Industrial Relations Proceeding Concerning Alleged Fair Work Act 2009 (cth) Contraventions and Breach of Employment Contracts / Liability Judgment; Separate Hearing to Determine Outstanding Issues as to Final Relief

Legal Issues

  1. 1 ['Whether the radio base accident reporting service work performed by the applicants for Royans Wagga was performed pursuant to contracts of employment or contracts for services.' 'Whether the Clerks—Private Sector Award 2010 or the Vehicle Manufacturing, Repair, Services and Retail Award 2010 applied, and what classification and type of employment applied to the applicants.' 'Whether Royans Wagga contravened s 45 of the Fair Work Act 2009 (Cth) by contravening a modern award.' 'Whether Royans Wagga contravened s 357 of the Fair Work Act 2009 (Cth) by representing employment as independent contracting.' 'Whether Royans Wagga contravened s 536 of the Fair Work Act 2009 (Cth) by failing to provide pay slips.' 'Whether Royans Wagga failed to give notice of termination and what relief should follow.']

Ratio Decidendi

Objectively assessed, the applicants were employees of Royans Wagga during the relevant period. Although there were indicia of independent contracting, including ABNs, invoices, tax treatment and some work from home, those matters largely reflected form and subjective belief. The decisive factor was Royans Wagga's authority to control, exercised through Mr Andrews, together with the fact that the applicants performed the work only for Royans Wagga, used equipment and services paid for by Royans Wagga, accrued goodwill to Royans Wagga, and in the Hut performed substantially the same work as employees. The Clerks—Private Sector Award 2010 applied, the appropriate classification was level...

Court Disposition

The applicants succeeded on liability. The Court found that they were employees of Royans Wagga, covered by the Clerks—Private Sector Award 2010 as level three call centre principal customer contact specialists on a permanent full-time basis, and that Royans Wagga contravened ss 45, 357 and 536 of the Fair Work Act...

Orders

  • ['The matter be listed for a case management hearing at a time convenient to the parties for the purposes of making procedural orders for the hearing to determine the outstanding issues as to final relief.']