The High Court has recently addressed the approach for
determining whether workers are employees or independent
contractors,1 while remitting an
important question of whether the workers fall within the expanded
definition of employee under the superannuation regime.
In ZG Operations v Jamsek, the High Court found that
two truck drivers, each with a partnership and owning their own
truck, were independent contractors of the company, and
not employees.
Expanded definition of employees under super regime
The drivers, Mr Jamsek and Mr Whitby, raised a cross-appeal in
which they contended they fell within the expanded definition of
employee under the superannuation guarantee regime.
