![Deliveroo is not an Employer: Decision of Full Bench of the Fair Work Commission in Deliveroo Australia Pty Ltd v Franco [2022] FWCFB 156](/upload/holman-webb-lawyers/shutterstock762257059-deliveroo.jpg)
In a Full Bench of the Fair Work Commission, the Vice and Deputy Presidents applied recent decisions of the High Court to determine that a Deliveroo delivery worker, Mr Franco, was not an employee and was an independent contractor. The matter in question is Deliveroo Australia Pty Ltd v Franco [2022] FWCFB 156.
The full bench, when applying the rationale in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2, found that on a strict interpretation of the terms of the agreement to carry out work, Mr Franco was a contractor and not an employee.
The full bench did say that had they applied the multifactorial test which applied before Jamsek, it would have concluded that Mr Franco was an employee.