Deliveroo's appeal against a finding that driver Diego Franco is an employee is set to be revived following today's High Court Jamsek and Personnel Contracting judgments that affirm that employment relationships are substantially defined by contractual terms.
The implications of today's High Court decisions affirming the primacy of contractual terms in determining employment relationships are "extremely concerning, perhaps even frightening" for those concerned about the integrity of the IR system, an academic says.
The High Court has affirmed the primacy of contractual terms in determining employment relationships, finding a construction worker was an employee of a labour hire company and that two truck drivers were independent contractors despite decades of exclusive service to a solitary business.
Patrick Terminals says the four-year in-principle agreement it has struck with the MUA removes "restrictive recruitment conditions", while delivering "other much-needed flexibilities" for its four container terminals, while the MUA says it has received "assurances" on job security and has won pay rises of 2.5% or CPI, whichever is greater.
The Attorney-General's Department has revealed that it has prepared a draft report on harmonisation of labour hire laws using "best practice elements in existing schemes" across the states and territories.
The United Workers Union is claiming a "live update" ballot service prompted a major security company to send misleading text messages and direct managers to coerce workers into voting up a new agreement, in a wide-ranging bid to block the deal's approval in the FWC.
The NSW IRC has rejected a nurse's bid for a flexible working arrangement under the State public sector's "if not, why not" regime to enable her to meet her caring responsibilities.
The FWC has thrown out an unfair dismissal case brought by a law student sacked from a full-time job as a legal assistant for failing to get a COVID-19 jab, finding she did not complete the required minimum employment term after taking time off to sit exams.