Will the ‘joint employment’ concept take hold in Australia?

When does a person who works within a business, but isn’t on the ‘books’ of the business owner, become an employee? This issue has been litigated many times in Australia but, to date, courts have been reluctant to embrace the concept of ‘joint employment’ – that is, where an employee is employed by two different entities in relation to the same job, and each of those entities has responsibilities to the employee. Despite this, it is an issue that has increasing prominence, particularly given how many modern working relationships operate – for example, where a company uses labour hire employees to supplement its workforce or where a business enters into franchise arrangements.

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