A leading silk has told a gathering of major employers that the federal government should adopt the Harper competition review's recommendation to outlaw agreement clauses that limit employers' use of contractors and labour hire employees.
A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.
The Fair Work Ombudsman has asked a Victorian Government agency to urgently review the way it engages workers, after an investigation revealed it might be "misclassifying" employees as independent contractors.
The Federal Court will examine the multi-level marketing operations of an international networking business after the Federal Circuit Court ruled that a sham contracting case launched by the FWO was complex and lengthy enough to go to a higher authority.
The Federal Circuit Court has drawn a link between s-xual assault laws and the Fair Work Act's sham contracting prohibitions in finding that a floor repairing business was not "reckless" as to whether five of its independent contractors were actually employees.
A Fair Work Commission full bench majority has found that an employee of The Body Shop did not breach her employment contract by working as an independent contractor for another retailer, and was unfairly dismissed when she refused to terminate the engagement.
The number of casual workers in Australia has climbed past the 2.2 million mark but the proportion of the workforce that is casual has steadied and another form of non-standard employment - independent contracting - has fallen over the last five years, according to the latest ABS data.