Worker paid by invoice with own ABN but claims employer controlled when and where he worked
A fitness instructor challenged his dismissal, arguing he was an employee despite signing an independent contractor agreement.
The worker contended that the contract was unfair and unbalanced, that he had no ability to subcontract work, was required to perform extra duties, including preparing classes and attending meetings, and that the employer had control over when and where he worked.
The employer maintained the relationship was one of principal and independent contractor, pointing to invoicing arrangements, freedom to determine when and where classes were conducted, and the ability to organize substitute instructors.
The worker made an application to deal with contraventions involving dismissal. The employer, in its response, argued that the worker does not meet the requirement because they were not employed by the employer but engaged by them as an independent contractor.
For this reason, they argued the worker could not have been, and was not, dismissed within the meaning of the Act. The employer's jurisdictional objection must be determined before the Commission can proceed to deal with the dispute.
Directions were issued for the parties to file evidence and submissions. On 8 August 2025, parties were advised that the jurisdictional objection was listed for a hearing on 11 September and directed to attend a mention on 20 August.
Both...
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