Insights

Contract remains King

In the recent High Court cases of CFMMEU v Personnel Contracting and ZG Operations v Jamsek, the High Court continued to apply the reasoning from WorkPac P/L v Rossato.

Where your written contract records the nature of the employment, and that nature is unchallenged, the terms of the contract are most important.

However, as Lord Gray says in Re Porter, you cannot create something which has every feature of a rooster, but call it a duck and insist that everyone else recognise it as a duck.

WHAT DOES THIS MEAN?

Employers need to:

  1. Review employment contracts and see if it reflects the latest decisions;
  2. Ensure your trade practices are consistent;
  3. Make sure that when you hire people, to note the employment relationship in writing.