From 25/03/2003 my spouse has worked for a transport company…

From 25/011/2003 my spouse has worked for a transport company his title was a subcontractor with an ABN. My spouse resigned from the company on the 23 September 2011 due to other employment closer to home. He did not own the tools or equipment, he was allocated work from the company on a 38hr weekly basis , he was paid a regular wage grossing $670.00 per week including 10% GST but my spouse was never registered GST and therefore the company is requesting reimbursement from my spouse. They stopped paying the 10% GST to my spouse when ATO inquired my spouse was being paid GST when he is not registered for GST, he only paid his own taxes. he did not receive any money from any business he did not issue any tax invoices or GST to customers, the company did all those matters.The company dictated the time my spouse was to start and finish work. We have rung industrial relations to determine if my spouse was a subcontractor or in fact an employee for the company. We have been told that he should have been an employee for the company that would give my spouse entitlements to annual leave, sick leave, super, long service leave etc.... We have spoken to his employers but they still maintain my spouse to be a subcontractor for there company.But we have a letter head signed by the employer that my spouse had been working for the company from 24 March 2004 and two months prior to that date as a permanent fulltime employee for MKD Transcorp Pty Ltd. They advice us that my spouse left the company in 2005 for 3 days to work elsewhere, but the company offered my spouse a wage increase for him to return to there workplace. My spouse did not sign a letter of resignation in 2005. We have since had a meeting and so both parties are seeking legal advice. We have requested the company to pay all his entitlements plus loss of wages as he worked for 9 months out of the year when the company had no work for him he was left with no income for 3 months and lost 10k for 5 years.He did not receive an increase to his wages for 4/5 years so i requested he be paid at the highest rate. All sick leave entitlements when he took sick leave off without pay. Long service leave pro rata. Annual leave at 4 weeks for every year with 17.5 loading. We are waiting for a reply from the employers. Can you please advice us on this matter is my spouse legally entitled to claim all owing to him.The company has paid my spouse $1720.15 his last weeks wage and two weeks annual leave pay , do we spend this amount or leave it in the bank until they respond to our request. Thank you Hannah