Volodin and Secretary, Attorney-General's Department

The Administrative Appeals Tribunal considered the dispute between Mr Volodin and the Secretary of the Attorney-General's Department concerning Mr Volodin's eligibility for financial assistance under the Fair Entitlements Guarantee (FEG) scheme. The central question was whether Mr Volodin was an employee or an independent contractor at the time his employment ceased, which would determine his entitlement to FEG.

The Tribunal was required to determine the true nature of the relationship between Mr Volodin and the company, assessing whether he was engaged as an employee or as an independent contractor. This involved examining various indicia commonly used to distinguish between these two types of relationships, and considering the significance of the parties' intentions when entering into their contractual arrangements. The Tribunal also had to consider whether the contracts were a "sham," meaning they did not reflect the reality of the working relationship.

In its reasoning, the Tribunal applied established legal principles for characterising employment relationships, focusing on factors such as control, integration into the business, provision of equipment, and the risk of profit or loss. It emphasised that the subjective intention of the parties, while relevant, was not determinative if the reality of the working arrangement pointed to a different conclusion. The Tribunal found that the decision under review, which had determined Mr Volodin was not an employee, was affected by an error of law and therefore set it aside.