Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd
| Jurisdiction | Australia Federal only |
| Judge | Kiefel CJ,Keane,Edelman JJ.,Gageler,Gleeson JJ,Gordon J.,Steward J |
| Judgment Date | 31 August 2021 |
| Neutral Citation | [2022] HCA 1 |
| Docket Number | P5/2021 |
| Court | High Court |
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26 cases
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The Revenue Commissioners v Karshan (Midlands) Ltd T/A Dominos Pizza
...to traverse the history of the parties' dealings with a view to adjusting their rights (see CFMMEU v. Personnel Contracting Pty. Ltd. [2022] HCA 1 at paras. 43 and 58–61). Insofar as there are suggestions in some of the judgments in the present case that evidence of the practices of the par......
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Wardman v Macquarie Bank Limited
...v McCormack [1984] HCA 57; 155 CLR 273 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) v Personnel Contracting Pty Ltd [2022] HCA 1; 398 ALR 404 Coulton v Holcombe [1986] HCA 33; 162 CLR 1 Director of Consumer Affairs Victoria v Gibson (No 3) [2017] FCA 1148 Discount Loun......
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Coal Mining Industry (Long Service Leave Funding) Corporation v Hitachi Construction Machinery (Australia) Pty Ltd
...Commonwealth v Mewett [1997] HCA 29; 191 CLR 471 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 398 ALR 404 Dao v Australian Postal Commission [1987] HCA 13; 162 CLR 317 Deputy Commissioner of Taxation v Moorebank Pty Ltd [1988] HCA 2......
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Kelly v Commonwealth of Australia as represented by Services Australia (formerly the Department of Human Services)
...v Barker [2014] HCA 32; (2014) 253 CLR 169 Construction Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1, (2022) 96 ALJR 89 Cossich v G Rossetto and Co Pty Ltd (T/as) Sky Cellars [2001] SAIRC 37 Davey v Bentinck [1893] 1 QB 185 Duffy v Eastern Health ......
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57 firm's commentaries
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Employee or independent contractor? Practical tips for categorising workers for superannuation purposes
...were employees or independent contractors: Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek). In March 2023, the Full Federal Court considered the extended mea......
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Deliveroo is not an Employer: Decision of Full Bench of the Fair Work Commission in Deliveroo Australia Pty Ltd v Franco [2022] FWCFB 156
...The full bench, when applying the rationale in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 ('Personnel Contracting') and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2 ('Jamsek'), found that on a strict interpretation of the terms......
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Working it out: When a contractor will be considered a worker under the VIC Workers Compensation Scheme
...Eastern Van Case. 10 See e.g. the Eastern Van Case. 11 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting [2022] HCA 1; and ZG Operations Australia v Jamsek [2022] HCA 12 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting [2022] ......
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Categorising work relationships: Contract rules?
...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 Ross......
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