Hindu Society of Victoria (Australia) Inc v Fair Work Ombudsman

The Hindu Society of Victoria (Australia) Inc. (the Society) sought judicial review of a decision by the Fair Work Ombudsman (the Ombudsman) to refuse to grant the Society an exemption from the obligation to pay minimum wages to its volunteers. The dispute concerned whether the Society's volunteers were employees for the purpose of the Fair Work Act 2009 (Cth) and therefore entitled to minimum wages. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether the individuals performing work for the Society were properly characterised as volunteers, or whether they were in fact employees within the meaning of the Fair Work Act. This required the Court to consider the nature of the relationship between the Society and the individuals performing the work, and to determine if the work was performed gratuitously and without expectation of reward, or if there was an underlying employment relationship.

The Court applied the established legal principles for distinguishing between volunteers and employees, focusing on the intention of the parties and the reality of the relationship. It considered factors such as the degree of control exercised by the Society, the benefit received by the Society, and the absence of a formal employment contract or expectation of remuneration. The Court found that the individuals were genuinely volunteers, performing work gratuitously for a charitable purpose without any expectation of payment, and therefore were not employees under the Fair Work Act. Consequently, the Society was not obligated to pay them minimum wages.