Are actors independent contractors or employees?

In the recent case of Jensen v Cultural Infusion (Int) Pty Ltd [2020] FCA 358, the Federal Court rejected the appeal by three actors to be deemed casual employees rather than independent contractors – a decision that will have wide-ranging implications for the live performance industry.

The facts

The actors were engaged by the production company Cultural Infusion to participate in a government-commissioned theatre production that subsequently performed at more than 100 venues over 100 days between July 2014 and June 2015.

During negotiations for contract renewal, the actors argued their roles were more similar to that of employees than independent contractors and engaged the Media, Entertainment and Arts Alliance (MEAA) to represent them in the Federal Circuit Court small claims procedures brought under the Fair Work Act 2009 (Cth) (FW Act).