Latest News

Back to Latest News back

 

Employers face ‘Duck Test’

Employers face ‘Duck Test’
August 22, 2014
Legal / Sport /

The observation by the Federal Court of Australia that "parties cannot create something which has every feature of a rooster but call it a duck and insist that everyone else recognise it as a duck" in relation to the test that is applied to determine whether a worker is an employee or a contractor has implications for all employers. 

While the contract may describe the relationship between the parties, it is not determinative. The courts will look at the totality of the relationship and employ what has been hailed the 'Duck Test'.

Head of Australian law firm Lander & Rogers' Workplace Relations & Safety Group Andrew Farr warns employers to ensure their contracts properly reflect the nature of the relationship with a worker.

Farr explains "an independent contractor who looks like an employee or is treated like an employee, may well be an employee. Making this mistake can be very expensive to businesses."

Amelia Lynch, lawyer in Lander & Rogers' Sports Business Group added "in sectors where there is traditionally a lot of fluidity between employee and independent contractor status, such as sports and event administration, it is especially important to review existing contractor arrangements and ensure any new arrangements are analysed and evaluated with the 'Duck Test' in mind." 

In addition to legal costs, a finding that an independent contractor is in fact an employee can leave businesses liable for employee entitlements including annual leave, long service leave, superannuation, workers compensation and payroll tax. In addition, a penalty under the Fair Work Act may also apply. 

Farr and Lynch gave their opinions at this week's Lander and Rogers/Sportspeople Sports Industry Seminar in Melbourne. 

Lander & Rogers is a leading independent Australian law firm that is a principal advisor to many publicly listed and private Australian companies, Australian subsidiaries of global companies, as well as all levels of government. Lander & Rogers' Sports Business Group specialises in advising sporting organisations, sporting venues, professional sporting clubs and major events. 

Through membership with TerraLex and Mackrell International - two leading international law networks, both endorsed by Chambers Global - Lander & Rogers support the business interests of clients seeking to do business in Australia, as well as those of our clients who wish to do business in overseas jurisdictions. 

For more information go to www.landers.com.au

Click here to view the Lander and Rogers entry in the Australasian Leisure Management Supplier Directory. 

8th December 2009 - SOUTH AUSTRALIA REJECTS DUCK SHOOTING BAN


Asking a small favour
We hope that you value the news that we publish so while you're here can we ask for your support?

The news we publish at www.ausleisure.com.au is independent, credible (we hope) and free for you to access, with no pay walls and no annoying pop-up ads.

However, as an independent publisher, can we ask for you to support us by subscribing to the printed Australasian Leisure Management magazine - if you don't already do so.

Published bi-monthly since 1997, the printed Australasian Leisure Management differs from this website in that it publishes longer, in-depth and analytical features covering aquatics, attractions, entertainment, events, fitness, parks, recreation, sport, tourism and venues management.

Subscriptions cost just $90 a year.

Click here to subscribe.

 

supplier directory

The Complete Guide to Leisure Industry Products & Services.

See the directory see all

Sportybots

We are the leading providers of kids fun multi-sports programs for Sport and Recreation Centres. Programs cover twelve common sports as well as Gross Motor Skill Development and suit children from as…

read more

Fitness / Play / Recreation / Sport / Wellness

 
 

Fun Wheels Pty Ltd

Fun Wheels Pty Ltd are the premium dealer in Australasia for the Dutch company BERG’s commercial and domestic products. Our flagship product is their revolutionary pedal go-kart – the…

read more

Attractions / Tourism / Venues

 
 

SYNERGY FITNESS

The Calgym/Synergy group has had a long and proud history since 1976 as world leaders in the innovation, design and evolution of commercial strength and conditioning equipment. The Synergy group was…

read more

Fitness / Technology / Wellness

 
 

AAC ID SOLUTIONS

AAC ID Solutions is a leading supplier of identification access wristbands, barcoded wristband tickets, lanyards, membership products and RFID solutions for events and venues, working with thousands…

read more

Access / Marketing / Safety / Ticketing

 
 

Supreme Heating

Supreme Heating is a proud Australian owned company specialising in the latest energy efficient heating solutions. Since 1990, Supreme Heating has designed and installed commercial pool heating…

read more

Aquatics / Environment / Recreation

 
 

Smart Connection Consultancy

Smart Connection Consultancy is a boutique sport and recreation consultancy who has become one of Australia’s leading advocates for the use of synthetic sports surfaces as a vehicle to grow…

read more

Consultants / Recreation / Sport / Surfaces

 
 

EventPro

At EventPro Software, we are proudly different from our industry competitors. We have a development-driven culture and 20 years’ experience in event, venue, and catering management software,…

read more

Events / Hospitality / Technology / Ticketing / Venues

 
 

HYPOXI Australia Pty Ltd

HYPOXI®  is one of Europe’s most successful health and weight loss studio concepts.  It’s the first weight loss technology to incorporate exercise with advanced vacuum and…

read more

Fitness / Technology / Wellness

 
 
 
 

get listed with our suppliers directory

Get your business noticed in our targeted directory. Viewed by 10,000 industry professionals per week!

list your business