The Tribunal held that a chauffeur who contracted with a transport company through a family trust was not a 'worker' under the Return to Work Act 2014, applying the [name withheld] principle that personal service — a hallmark of employment — was absent where the contracting party was the trust, not the individual. Even assessing the relationship on its merits, the right to delegate driving duties, the supply of a substantial asset (a ~$100,000 van) through the trust, and the taxation/invoicing arrangements (GST charged, no PAYG withheld, trust distributions) decisively outweighed indicia of employment such as uniform requirements, workplace facilities, and Equity's control over service standards. On the alternative deemed worker claim under reg 5 of the RTW Regulations, the Tribunal held that a passenger transport accreditation letter from the Department of Planning, Transport and Infrastructure nominating the applicant's van constituted a 'licence issued in relation to the vehicle' that excluded him from the regulation's coverage, though the Tribunal also found that even if the regulation applied, the fuel cost for the specific engagement did not exceed the prescribed materials threshold of $135.
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