Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 9 : 10-Feb-22

University of Adelaide law professor Andrew Stewart says a landmark High Court decision is a "big win" for companies which contend that their workers are independent contractors rather than employees. The court has ruled that two truck drivers who had worked exclusively for a lighting company for nearly four decades via a partnership arrangement are not employees, and are therefore not entitled to minimum pay and conditions. A majority of the court adopted a strict approach that relied almost solely on the terms of the contract itself. However, in a separate judgment the court has ruled that a British backpacker was an employee rather than a contractor, because his contract gave his construction labour hire firm the right to decide who he could work for.

CORPORATES
HIGH COURT OF AUSTRALIA, UNIVERSITY OF ADELAIDE