I.C. Formwork Services Pty Limited v Moir (No 2)

[2020] ACTCA 44

ACT Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Cross-border workers
3. › Territory or State of connection
4. › Employment connection test
5. › Where worker 'usually works'
6. › Temporal frame of reference
7. › Significance of 12-month work history
8. › Whether worker usually worked in one or more jurisdictions
9. › Workers Compensation Act 1951 (ACT), ss 36A, 36B, 182D
1. Workers Compensation
2. › Cross-border workers
3. › Employment connection test
4. › Cascading test
5. › Operation of s 36B(3)
6. › Whether 'clear answer' required before proceeding to next limb
7. › Workers Compensation Act 1951 (ACT), s 36B(3)
1. Workers Compensation
2. › Cross-border workers
3. › Employment connection test
4. › Temporary arrangements
5. › Whether period exceeding six months excluded from consideration
6. › Workers Compensation Act 1951 (ACT), s 36B(6)(b)
1. Practice and Procedure
2. › Declaratory judgments
3. › Nature of declarations
4. › Whether final or interlocutory
5. › No such thing as an interlocutory declaration

Quick Take

The 12-month work history specified in s 36B(6)(a)(i) of the Workers Compensation Act 1951 (ACT) is a statutory focal point for determining where a worker 'usually works', and it is inconsistent with the statutory framework to reframe the enquiry by reference to the whole period of employment so as to prevent what occurred in the 12-month period being characterised as usual. The 'clear answer' gloss from Avon does not accurately reflect the statutory text of s 36B(3). A temporary arrangement exceeding six months is not excluded from consideration by s 36B(6)(b) but the temporary nature of the work may still be relevant under s 36B(6)(a)(ii) and (iii).