ZG Operations Australia Pty Ltd v Jamsek

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJZG OPERATIONS AUSTRALIA PTY LTD & ANOR         APPELLANTSANDMARTIN JAMSEK & ORS  RESPONDENTSZG Operations Australia Pty Ltd v Jamsek[2022] HCA 2Date of Hearing: 1 September 2021Date of Judgment: 9 February 2022S27/2021ORDER1.Appeal allowed. 2. Set aside the orders of the Full Court of the Federal Court of Australia made on 16 July 2020.3. The issues raised by the notice of cross-appeal be remitted to the Full Court of the Federal Court of Australia for determination, and the Full Court to otherwise make orders in accordance with the reasons of this Court.On appeal from the Federal Court of AustraliaRepresentationS J Wood QC and D Ternovski for the appellants (instructed by Agnew Legal)N C Hutley SC and R S Francois with A D Crossland for the respondents (instructed by Watson Law)New South Wales Business Chamber Limited appearing as amicus curiae, limited to its written submissionsNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSZG Operations Australia Pty Ltd v JamsekIndustrial law (Cth) – Nature of employment relationship – Employee or independent contractor – Where respondents previously employed by company as truck drivers – Where respondents agreed to "become contractors" and purchase own trucks – Where each respondent set up partnership with spouse – Where partnerships executed contract with company for provision of delivery services – Where contract provided partnerships to purchase trucks – Where contract provided partnerships be paid by company...