b'CASE LAW CONTRACTOR VS EMPLOYEEMurray v 239 Brunswick Pty Ltd and Raffoul [2025] FWC 978 (7 April 2025)What happened: A dancer at a Brisbane strip club filed a general protections claim alleging she was employed under the LivePerformance Award and had been unlawfully dismissed.The club argued she was an independent contractor, not an employee, pointing to an agreement signed inSeptember 2023 that required the dancer to:Pay a reservation fee to use the clubs premises,Receive no payment from the club for performances, earning income directly from clients,Pay fines for cancelling reservations without sufficient notice.The club said it did not control the dancers hours or shifts but encouraged working on busy nights. Dancerswere responsible for approaching clients and arranging lap dances. The club did not pay tax, superannuation,or provide employment benefits like leave or uniforms.Outcome: Deputy President Roberts concluded, based on the "totality of the relationship", that its "real substance, practicalreality and true nature" amounted to "one of principal and independent contractor". He noted the dancer:Was not paid wages or remuneration by the club,Paid fees to the club and earned income directly from clients,Bore the financial risk of earning money at the club,Controlled client interactions and negotiated payments.The decision was made based on the clubs uncontested evidence, as the dancer failed to provide further materialor participate actively in the case.Practical Implementation/Learnings: 1.Worker classification must reflect reality: Simply labellingsomeone an "independent contractor" is not sufficient.Employers must ensure the practical realities of theengagement support that classification, including control overwork, financial risk, payment structures, and how income isearned.2. Inconsistent contract terms matter less than practice: Whilesome aspects of the contract suggested control (e.g.requirement to follow directions), the FWC focused on thetotality of the relationship and how it operated in practice.3.Stick to the contracted agreement: Conduct and contract termsneed to align. Risks arises when conduct drifts away from thecontract and the original intention of the parties and thereforeyou should stick closely to what was agreed and ensure thatconduct does not drift into something that more resembles anemployment relationship and gives rise to exposure. Page | 33 IR Update July 2025'