Following on from the May 2020 Full Federal Court decision in
Rossato, in July 2020 the Full Federal Court handed down
its judgment in another labour hire case, Construction,
Forestry, Maritime, Mining and Energy Union v Personnel Contracting
Pty Ltd [2020] FCAFC 122, this time in relation to a labour
hire worker engaged as an independent contractor and performing
work in a manner consistent with casual employment, but with very
different results to the decision in Rossato.
The case involved an appeal by the CFMMEU seeking orders that a
worker, Mr McCourt, was a casual employee of Personnel Contracting
for the purposes of work performed by him at two sites operated by
Hanssen Pty Ltd, and therefore Mr McCourt was entitled to the
benefits of the Building and Construction General On-Site Award
2010 and the Fair Work Act 2009 (Cth). At first
instance, Justice O'Callaghan determined that the contracting
relationship was not a sham, and that Mr McCourt was a
self-employed
