Substance not name determines work status

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Although the description or classification conferred upon an employee by the employer is one factor in determining that classification under the Fair Work Act, an enterprise agreement or a modern award, it is just one of a number of tests which are used to conclude the issue when there is a dispute about it. As Commissioner Roe said in Ponce v DJT Staff Management Services Pty Ltd , (2010) FWA 2078 (a case about whether an employee qualified for protection from unfair dismissal) “number of cases established that just because a worker was engaged as a casual and was a casual employee for the purposes of an award did not mean that the worker was a casual for the purposes of the unfair dismissal jurisdiction”.

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