Greatrex and Secretary, Department of Jobs and Small Business

This matter concerned an appeal by Mr Greatrex against a decision of the Secretary, Department of Jobs and Small Business, which affirmed a decision that he was not eligible for an advance under the Fair Entitlements Guarantee Act 2012 (Cth) (the Act). The core of the dispute revolved around whether Mr Greatrex was an employee of RNR or an independent contractor.

The legal issues before the court were whether Mr Greatrex met the requirements for an effective claim for an advance under section 10 of the Act, which necessitates being an employee, and whether an insolvency event had occurred in relation to RNR. The court was required to determine the true nature of the relationship between Mr Greatrex and RNR, specifically whether he was engaged as an employee or as an independent contractor.

The court reasoned that the arrangement between Mr Greatrex and RNR indicated an independent contractor relationship. This conclusion was based on several factors, including that Mr Greatrex operated under the trading name Greatrex Marketing, which issued invoices to RNR for a "Contracting Fee." Payments were made by RNR to an account held by Nu-Fit, which then paid Mr Greatrex. Mr Greatrex's tax returns did not declare RNR as a source of income, and he was paid by Nu-Fit as trustee of the Greatrex Trading Trust. Furthermore, the remuneration was a fixed monthly fee, and while RNR provided office accommodation and supplies, Mr Greatrex also incurred expenses through Nu-Fit for items such as vehicle leases and professional development. The court also noted that Mr Greatrex was undertaking work for other companies concurrently and had established a trust structure for his business.

Consequently, as the court found that Mr Greatrex was not an employee of RNR, he did not satisfy the eligibility requirements under section 10 of the Act. Accordingly, the decision under review was affirmed.