[1990] VR 178
ODCO PTY LTD v ACCIDENT COMPENSATION COMMISSION
SUPREME COURT OF VICTORIA APPEAL DIVISION
MURPHY, MARKS and BEACH JJ
12, 15 May, 16 June 1989
[1990] VR 178 AT 178
Accident compensation — Levy — Labour agency — Whether employer — Whether liable to
pay levy — Accident Compensation Act 1985 (No 10191), s8, s9, s186, s187
.
The appellant, trading as Troubleshooters Available, provided tradespeople in
various categories to the building industry. Each of the tradespeople on the
appellant's books operated as a contractor and entered into an agreement with
the appellant, inter alia, acknowledging that no employer/employee
relationship existed between them and that the appellant provided no workers',
compensation cover. The appellant received orders from builders and then
contacted an appropriate contractor who, if the work was acceptable, performed
it and advised the appellant on a weekly basis of the hours worked. The
appellant then raised an invoice to the builder charging for the time worked
at an agreed hourly rate of which part were retained by the appellant and the
balance paid to the contractor.
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[1990] VR 178
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