Parker v HG Innovations Pty Ltd

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FEDERAL COURT OF AUSTRALIA

Parker v HG Innovations Pty Ltd [2021] FCA 1051

Appeal from: Parker v HG Innovations Pty Ltd & Ors [2020] FCCA 3093
File number: QUD 359 of 2020
Judgment of: LOGAN J
Date of judgment: 31 August 2021
Catchwords: INDUSTRIAL LAW – appeal from the decision of the Federal Circuit Court of Australia to dismiss the appellant’s application pursuant to the Fair Work Act 2009 (Cth) – where the appellant had alleged “adverse action” as a result of termination – where the primary judge made averse credibility findings of the appellant – where those findings accorded with contemporaneous documents – whether the appellant was an employee of one of the respondent companies – where contractual relationship between the parties was informal – where parties chose by their contract to term the respondent a “contractor” – where the respondents had a right to exercise control over the appellant – where contractual provision for payment in gross, without pay as you go (PAYG) withholding and inclusive of goods and services tax (GST) – where rights and obligations of parties pursuant to the contract are consistent with revenue law and obligations of a contractor – appeal dismissed
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 361
Cases cited:

ACE Insurance Ltd v Trifunovski (2013) 209 FCR 146

Bank voor Handel en Scheepvaart NV v Slatford [1953] 1 QB 248

Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500

Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424

Colonial Mutual Life Assurance Society Ltd v Producers and Citizens Co-operative Assurance Co of Australia (1931) 46 CLR 41

Doyle v Sydney Steel Co Ltd (1936) 56 CLR 545

Eastern Van Services Pty Ltd v Victorian WorkCover Authority (2020) 296 IR 391

Fox v Percy (2003) 214 CLR 118

Hollis v VabuPty Ltd (2001) 207 CLR 21

Marshall v Whittaker’s Building Supply Co (1963) 109 CLR 210

On Call Interpreters and Translators Agency Pty Ltd v Federal Commissioner of Taxation (No 3) (2011) 214 FCR 82

Parker v HG Innovations Pty Ltd (No 2) [2020] FCA 906

Parker v HG Innovations Pty Ltd [2019] FCA 1291

Parker v HG Innovations Pty Ltd [2020] FCCA 3093

Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16

Tattsbet Ltd v Morrow (2015) 233 FCR 46

Vabu Pty Ltd v Federal Commissioner of Taxation (1996) 33 ATR 537

Warren v Coombes (1979) 142 CLR 531

WorkPac Pty Ltd v Rossato [2021] HCA 23

Division: Fair Work Division
Registry: Queensland
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 78
Date of hearing: 16 August 2021
Counsel for the Appellant: The appellant appeared in person
Counsel for the Respondents: Mr R Green
Solicitor for the Respondents: SMD Lawyers

ORDERS

QUD 359 of 2020
BETWEEN:

PHILIP PARKER

Appellant

AND:

HG INNOVATIONS PTY LTD

First Respondent

ALPHA FINANCIAL SERVICES PTY LTD

Second Respondent

RIDESHARE SOLUTIONS PTY LTD

Third Respondent

ORDER MADE…

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Details
Case
[2021] FCA 1051
Decision Date

CaseChat Overview and Summary

Parker commenced an action against HG Innovations Pty Ltd, alleging unfair dismissal and other claims under the Fair Work Act 2009 (Cth) after the termination of his employment. The Federal Circuit Court of Australia dismissed the application, finding Parker to be a contractor rather than an employee. Parker appealed this decision to the High Court, contending that he was an employee and that his termination constituted adverse action.

The court examined the nature of the contractual relationship between Parker and HG Innovations. Key issues included whether Parker was an employee or a contractor and whether the termination of his engagement constituted adverse action. The court also considered the credibility of Parker’s testimony and how it aligned with contemporaneous documents. The primary focus was on the control HG Innovations exercised over Parker and the manner in which he was compensated, which included payment in gross and the inclusion of GST.

In dismissing the appeal, the court found that the relationship between the parties was consistent with that of a contractor rather than an employee. The contractual terms and the control exercised by HG Innovations aligned with the characteristics of a contractor. The court upheld the findings of the primary judge regarding Parker’s credibility, which were corroborated by contemporaneous documents. The court concluded that the rights and obligations under the contract were consistent with the obligations of a contractor under revenue law. Accordingly, the appeal was dismissed, and the original decision of the Federal Circuit Court of Australia was affirmed.

The appeal was dismissed with no orders for costs.

Orders

Orders of the court

1. The appeal be dismissed.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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