Who’s really in charge? FWC Rules on the Employment of Contractors

The company also showed that they had a contract with Regent starting in April 2022 to provide security guards on construction sites. Although the company’s project security manager interviewed security guards before they started work, they did not hire them directly.

Multiple companies on the work floor

The employee supported his claim by presenting screenshots of a workgroup chat and shift transfer checklists that showed the company’s logo.

He believed it proved he worked for the security company. However, the company explained that these materials were standard parts of site operations:

“Through its Project Security Manager, (the employer) participates in a ‘group chat’. Through this chat (the employer) can communicate with the companies it is outsourced to the security guards on site to confirm schedules and relay information about what is happening on that site.”

Wrongful dismissal application

The Fair Work Act contains specific requirements for unfair dismissal. The FWC explained that such claims only succeed if there is an actual employment relationship between the employee and the employer against which he files a claim: