Hiring labor relates to different services provided by the Agency and can be defined as follows: if you run a temporary employment company, it is important that your lease clearly defines your legal relationship with the host companies. Your agreement should describe the services you provide and the costs associated with them. It is also necessary to address how to follow up, how long a host employer hires a worker and what happens in the event of a dispute during this process. If you need a rental agreement, contact LegalVision`s employment lawyers at 1300 544 755 or fill out the form on this page. We will continue to monitor all developments in this area and make further comments in the event of any changes to the Law on the Hiring of Workers. The CFMEU case against personnel contracts was an appeal by the CFMEU against a Federal Court decision that concluded that the workers were independent contractors, as stipulated in the service agreement signed by the parties. The case involved a 22-year-old backpacker who approached the company to look for a job as a construction worker. The worker had no tools or shops, which indicated that he only wanted to be paid in exchange for his work. At the request of the company, the worker signed a standard contract which was provided to him and was then informed where and when he was to work. A temporary clause defines the precise data on which the host employer will employ the worker. In this regard, the employment contract should define the exact dates and times of the worker. It should also include all meals and breaks.
For the time being, the Federal Court has not seen a valid reason to derogate from the current authority, namely that “at least two intermediate courts of appeal have held that an unqualified worker can be considered an independent contractor under an Odco agreement”. The judges agreed that the present case raises important questions regarding recruitment agreements and suggested that such tripartite agreements may not continue to offer companies a method of outsourcing their workforce, thus avoiding the characterization of an employment relationship. The Employment Relations and Labour Law team advises host agencies and companies on all parts of the employment contract process….