Hornyak v Sims Integrated Solutions Pty Ltd and Ors

The applicant, Mr Hornyak, brought proceedings against Sims Integrated Solutions Pty Ltd and two other respondents, alleging contraventions of the *Fair Work Act 2009* (Cth) and the relevant modern award. The dispute concerned Mr Hornyak's employment, specifically whether he was a casual employee and whether the terms of his employment agreement were sufficiently certain to constitute a legally binding contract.

The primary legal issues before the Court were whether the respondents had contravened the *Fair Work Act 2009* and the applicable modern award, and whether the individual respondents were accessories to any such contraventions. A further issue was whether the terms of Mr Hornyak's employment agreement were so uncertain as to be void, thereby preventing the formation of a valid contract of employment.

Judge Cameron found that the employment agreement lacked sufficient certainty to be enforceable as a contract. This uncertainty meant that Mr Hornyak was not employed under a contract of employment with the respondents. Consequently, the Court determined that the respondents could not have contravened the *Fair Work Act 2009* or the modern award in relation to Mr Hornyak's employment, nor could the individual respondents be considered accessories to such contraventions. The proceedings were dismissed.