No paperwork meant no protection, and the ATO came knocking as well
A $150,000 "employment" deal, payslips included, with no written contract has been ruled not an employment relationship at all.
In a decision dated 6 March 2026, Commissioner Connolly of the Fair Work Commission dismissed a general protections application filed by Daniel De Silva against Glen McGarry and his company, 75 688 174 585 Pty Ltd (formerly Flying Robot Film Pty Ltd). Both parties were subsequently referred to the Australian Tax Office.
It began with a friendship. De Silva and McGarry had known each other since around 2016. When De Silva's media company, Cloakroom Media Pty Ltd, ran into financial difficulty and had its ABN cancelled in May 2025, McGarry registered Flying Robot Film Pty Ltd in June 2025 so De Silva could continue servicing his existing clients.
De Silva maintained he had been engaged as Head of Production on a $150,000 annual salary plus superannuation and a performance-based bonus. He pointed to payslips, superannuation payments, PAYG tax deductions and a July 2025 request from McGarry's wife for his tax file number and superannuation details to set him up in "payroll." McGarry denied any employment agreement, saying De Silva would simply keep all revenue less compliance costs. No written contract was ever signed.
When De Silva first started work, McGarry had asked him to submit an invoice, which he did on 23 July 2025 under his own personal ABN for video production services,...
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