Yaraka Holdings Pty Ltd v Giljevic

Yaraka Holdings Pty Ltd appealed to the Full Federal Court against a decision of a single judge of that court. The dispute concerned whether Mr. Giljevic was a "worker" within the meaning of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (the Act) in relation to work performed for Yaraka Holdings.

The central legal issue before the Full Federal Court was whether Mr. Giljevic, engaged as a casual builder's labourer, was an employee under a contract of service, or an independent contractor under a contract for services, for the purposes of the Act. This determination was crucial for establishing whether Yaraka Holdings was liable for workers' compensation payments.

The Court applied established principles for distinguishing between a contract of service and a contract for services, focusing on the totality of the relationship between the parties. It considered factors such as the degree of control exercised by the employer, the opportunity for the worker to profit from their own initiative, and the provision of equipment. The Court found that the evidence, when viewed holistically, indicated that Mr. Giljevic was subject to a sufficient degree of control by Yaraka Holdings to establish a contract of service, thereby deeming him a worker under the Act.

Consequently, the Full Federal Court dismissed the appeal, upholding the decision of the single judge.