Kersten and Secretary, Department of Employment (Social services second review)

This matter concerned an appeal by Mr Kersten against a decision of the Secretary of the Department of Employment (now Employment, Skills, Small and Family Business) affirming a decision that he was not entitled to an advance under the *Fair Entitlements Guarantee Act 2012* (Cth) (FEG Act). The core of the dispute revolved around whether Mr Kersten was an employee of Pets Paradise Pty Ltd or an independent contractor during the relevant period.

The primary legal issue before the Tribunal was whether Mr Kersten qualified as an employee for the purposes of the FEG Act. This determination was crucial because the FEG Act provides financial assistance to employees who have lost their entitlements due to the insolvency of their employer. The Secretary contended that Mr Kersten had not taken reasonable steps to be paid the debts claimed, a requirement under section 10(1)(f) of the FEG Act, and therefore his claim should be affirmed.

The Tribunal found it unnecessary to consider the issue of reasonable steps under section 10(1)(f) of the FEG Act. The decision under review was affirmed.