| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER | |
CITATION: | Qoreishi v B2C Delivers Pty Ltd [2025] NSWPICPD 63 |
APPELLANT: | Sadi Qoreishi |
FIRST RESPONDENT: | B2C Delivers Pty Ltd |
SECOND RESPONDENT: | Fleets Flyers Pty Ltd |
INSURER: | Employers Mutual NSW Limited |
FILE NUMBER: | A1-W25549/24 |
PRESIDENTIAL MEMBER: | President Judge Phillips |
DATE OF APPEAL DECISION: | 5 September 2025 |
ORDERS MADE ON APPEAL: | 1. The Certificate of Determination dated 13 December 2024 is confirmed. |
CATCHWORDS: | WORKERS COMPENSATION – definition of worker under s 4 of the Workplace Injury Management and Workers Compensation Act 1998 – construction of written contract and whether the appellant was an employee or an independent contractor – Construction,Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; ZGOperations Australia Pty Ltd v Jamsek [2022] HCA 2 considered and applied |
HEARING: | 18 August 2025 |
REPRESENTATION: | Appellant: |
| Mr J Trainor, counsel | |
| Walker Law Group | |
| Respondents: | |
| Mr D Stiles, counsel | |
| Hicksons Lawyers | |
DECISION UNDER APPEAL: | |
MEMBER: | Mr A Halstead |
DATE OF MEMBER’S DECISION: | 13 December 2024 |
INTRODUCTION
Mr Sadi Qoreishi (the appellant) signed a document entitled ‘Independent Contractor Agreement’ (contract)[1] with B2C Delivers Pty Ltd (the first respondent) dated 30 September 2020. Under the contract, the appellant was inter alia required to supply his own vehicle and be available to perform the services, which involved the delivery of goods, usually household appliances. I set out below in greater detail the terms of the contract. Under the contract, the appellant was required to take instruction from ‘ANC’, which is a business name for Fleets Flyers Pty Ltd (the second respondent).
[1] Application to Resolve a Dispute (ARD), pp 110–122.
On 11 March 2022, the appellant suffered injury whilst performing his contractual duties for the respondents. The appellant claims weekly compensation and the payment of medical treatment expenses. The appellant claims that notwithstanding the contract, he was in fact a worker.
The respondents resist the appellant’s claims, asserting that he was not a worker but rather his status was that of an independent contractor.
Before the Member the threshold issue for determination was whether the appellant was in fact a ‘worker’, as defined in s 4 of the Workplace injury Management andWorkers Compensation Act 1998 (the 1998 Act), at the time he was injured.
The Member found that the appellant was not a worker and accordingly entered an award in favour of the respondents. It is from this decision that the appellant appeals.
This matter was heard by me on Monday 18 August 2025.
THRESHOLD MATTERS
There is no dispute between the parties that the threshold requirements as to quantum and time pursuant to ss 352(3) and 352(4) of the 1998 Act have been met.
THE EVIDENCE
The starting point for the consideration of the evidence is the documents comprising a letter and the contract. The contract comprises the contract, a cover letter, the ANC Codes of Conduct, and the Contractor Business Application. I…
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- Case
- [2025] NSWPICPD 63
- Decision Date
CaseChat Overview and Summary
The court conducted a detailed analysis of the written agreement between Qoreishi and B2C Delivers Pty Ltd, focusing on the terms and conditions that defined their relationship. It applied the multi-factor test established in the High Court cases, which considers various elements such as control, economic dependency, and the right to delegate tasks. The court scrutinised whether Qoreishi had the autonomy and business acumen typical of an independent contractor or whether he was subject to the employer's control, indicative of an employee. The evidence presented indicated that Qoreishi had significant autonomy and operated as an independent business, which led the court to conclude that he was an independent contractor rather than an employee.
Based on its analysis, the court upheld the original decision by the workers compensation authority, finding that Qoreishi did not fall within the definition of a worker under the Act. As a result, his claim for workers compensation was denied. The court's decision emphasised the importance of the specific terms of the written contract and the application of the multi-factor test in determining employment status. The judgment underscored that independent contractors, while not protected by workers compensation legislation, operate under a different set of legal obligations and protections.
Orders
Orders of the court
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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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