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Fair Work Ombudsman v Ecosway Pty Ltd [2016] FCA 296 — Civil Penalty Proceedings — Barrister AI

Fair Work Ombudsman v Ecosway Pty Ltd

[2016] FCA 296

Federal Court of Australia24 March 2016

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Catchwords

1. Industrial Law
2. › civil penalty proceedings
3. › alleged contravention of General Retail Industry Award 2010
4. › alleged contravention of the Fair Work Act 2009 (Cth)
5. › whether worker worked under a contract of service
6. › factors relevant to determining nature of relationship
7. › whether misrepresentation that the engagement was not one of employment.
1. Held: Putative employee worked under as an independent contractor. No contravention of Award or of the Fair Work Act.

Case Details

Citation[2016] FCA 296

CourtFCA

JurisdictionCommonwealth

Decision Date24 March 2016

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The full text is available to signed-in members, including the 17 later cases that cite this judgment.

Cited by17

2022Australian Municipal, Administrative, Clerical and Services Union v Commissioner of TaxationFCA 1225
2020Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty LtdFCA 1258
2020Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty LtdFCAFC 122
2020Eastern Van Services Pty Ltd v Victorian WorkCover AuthorityVSCA 154
and 13 more after sign-in

Relies on30

2015Lee v Westpac Banking CorporationFCA 467
2015Tattsbet Limited v MorrowFCAFC 62
2015Fair Work Ombudsman v Quest South Perth Holdings Pty LtdFCAFC 37
2015Fair Work Ombudsman v Ecosway Pty LtdFCA 102
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