Length: 850 - 1000 words������
Determining whether a work relationship is one of employment or not is sometimes a matter of impression. It is unfortunate that this is so. Gray J in Re Porter; Re Transport Workers Union of Australia (1989) 34 IR 179 at 184. To what extent do you agree with this statement?
This question requires you to show that:
There is no simple formula for determining whether a work relationship is one of employment or not, thus a number of tests (or versions of them) have been applied.
The right to control has been central but in recent times control has become decentred in favour of the holistic approach.
The resulting uncertainty can be unfortunate for a number of reasons.
THIS SHOULD ONLY BE APPLIED TO AUSTRALIA LAW.
Fair Work Act 2009 (cth)
Equal Opportunity Act 1982.
Fiar Work Act 1994