QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION:
Alley v Workers' Compensation Regulator [2025] QIRC 261
PARTIES:
Kayle Clyde Alley
Appellantv
Workers' Compensation Regulator
RespondentCASE NO:
WC/2023/79 PROCEEDING:
Appeal against decision of the Workers' Compensation Regulator
DELIVERED ON:
30 September 2025 HEARING DATES:
26 November 2024
27 November 2024MEMBER:
O'Connor VP
HEARD AT: Cairns
ORDERS:
1. The appeal is allowed.
2. The review decision of 7 March 2023 be set aside.
3. The Appellant's claim for workers' compensation be returned to WorkCover to be considered according to law.
4. The Respondent pay the Appellant's costs of the hearing to be agreed or failing agreement to be the subject of an application to the Commission.
CATCHWORDS: WORKERS' COMPENSATION – ENTITLEMENT TO COMPENSATION – PERSONS ENTITLED TO COMPENSATION – WHO IS A WORKER OR EMPLOYEE – where the Appellant contracted with Global Aircraft Services Pty Ltd – where the Appellant's application for workers' compensation was rejected by WorkCover Queensland on the basis that the Appellant was not a 'worker' within the meaning of the Workers' Compensation and Rehabilitation Act2003 – where the Appellant sought review of the WorkCover Queensland decision by the Respondent – where the Respondent confirmed the WorkCover Queensland decision – where appeal by the Appellant against review decision of the Respondent – whether Appellant deemed to be a worker within the meaning of sch 2 pt 1 s 5 of the Workers' Compensation and Rehabilitation Act2003 – held that the Appellant is a worker within the meaning of sch 2 pt 1 s 5 of the Workers' Compensation and Rehabilitation Act2003 – Respondent's review decision set aside – parties to be heard as to costs
LEGISLATION:
Workers' Compensation and Rehabilitation Act 2003 (Qld), s 11,
CASES: Attorney-General (NSW) v The Perpetual Trustee Company Ltd (1952) 85 CLR 237
Commonwealth Bank of Australia v Barker (2014) 253 CLR 169
Damevski v Giudice (2003) 133 FCR 438
Hollis v Vabu Pty Ltd (2001) 207 CLR 21
Marshall v Whittaker's Building Supply Co (1963) 109 CLR 210
Simon Blackwood (Workers' Compensation Regulator) v Blue Wren Holdings Pty Ltd [2014] ICQ 11
Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16
Swift Placements Pty Ltd v WorkCover Authority (NSW) (2000) 96 IR 69
APPEARANCES: Mr M. Horvath and Ms K. Milana of counsel instructed by Turner Freeman Lawyers for the Appellant
Mr S. Gray of counsel instructed directly by the Workers' Compensation Regulator for the Respondent
Reasons for Decision
The sole issue for determination in these proceedings is whether the Appellant, Kayle Clyde Alley, is a 'worker' for the purposes of s 11 the Workers' Compensation and Rehabilitation Act2003 ('WCR Act').
The Facts
Global Aircraft Services Pty Ltd ('GAS') is a company operating a labour hire business for various customers…
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- Case
- [2025] QIRC 261
- Decision Date
CaseChat Overview and Summary
The court determined that the label used by the parties to describe the Appellant's relationship with GAS did not conclusively define the nature of the relationship. The court had to assess whether the relationship was one of service or a contract for service. The Appellant was engaged by GAS, a labour hire agency, to supply his labour exclusively to Jet Aviation. His obligation to work for Jet Aviation, as directed by GAS, and his entitlement to payment were integral to GAS's business model. The Appellant's work was subject to strict compliance with GAS's and Jet Aviation's procedures and policies, and he was under their direction and supervision. The court concluded that the Appellant was under a contract of service, not a contract for service, as his work was integral to GAS's business and he was not in any meaningful sense operating his own business. Therefore, the Appellant qualified as a worker under the Act.
In light of the findings, the court set aside the review decision of the Workers' Compensation Regulator. The Appellant's claim for workers' compensation was returned to WorkCover Queensland for reconsideration in accordance with the law. The court also ordered that the Respondent, the Workers' Compensation Regulator, pay the Appellant's costs of the hearing, to be agreed upon by the parties or, if agreement could not be reached, to be the subject of a subsequent application to the Commission.
Orders
Orders of the court
1. The appeal is allowed.
2. The review decision of 7 March 2023 be set aside.
3. The Appellant's claim for workers' compensation be returned to WorkCover to be considered according to law.
4. The Respondent pay the Appellant's costs of the hearing to be agreed or failing agreement to be the subject of an application to the Commission.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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