Classification: employee

(b) The High Court held that, where a comprehensive written contract is not a sham, the character of the relationship is determined solely by the rights and obligations created by that contract (not by a multifactorial assessment of subsequent conduct or “reality”); leading case CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1.

(c) The labour-hire company becomes liable for employee entitlements (minimum award wages, paid leave, superannuation, unfair-dismissal protection and payroll tax).