Last week the Federal Court of Australia (Snaden J) delivered judgment in Cropper v Energy Action (Australia) Pty Ltd (No 2) [2025] FCA 663.
The decision concerned whether work performed by Mr Cropper for Energy Action between 2006 and 2020 was as an employee or independent contractor.
The Court found that Mr Cropper's (wholly oral and partly implied) contract was one of employment, with the result that Energy Action had contravened various provisions of the Fair Work Act 2009 (Cth) (FW Act).
Importantly, the Court (for the first time) also found that a term of reasonable notice is implied in employment contracts in Australia, despite s 117 of the FW Act.
Hai-Van Nguyen acted for Mr Cropper, led by Vanja Bulut, and instructed by Sonia Chandra at Danny King Legal. The legal representation was provided on a pro bono basis.
Click here for a copy of the judgment.
