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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Is a contractor able to take a work dispute to Fairwork

Customer Question

Is a contractor able to take a work dispute to Fairwork Australia?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Victoria
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been employed for 16 weeks and not been paid due to failure to finalise my employment terms - employee / contractor
Submitted: 12 months ago.
Category: Australia Law
Expert:  John Melis replied 12 months ago.

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Expert:  John Melis replied 12 months ago.

do you have a copy of any form of agreement, whether signed or not that you sent the head contractor ?

It is important to determine where you are a contractor or employee.

Customer: replied 12 months ago.
Nothing has been placed in writing. I was employed by Altitude as an employee, August 4 Altitude ceased to operate, Hatem who is a Director of both Bodon and Altitude took me to his company - Bodon - where I have continued to work waiting to discuss work arrangements and have not been paid for 16 weeks. Hatem is now wanting me to become a Contractor offering only $3.00 per hour as a substitute for foregoing annual leave and public holidays. Everything has been verbal but not a lot said. Hope this helps your understanding. Thanks you
Expert:  John Melis replied 12 months ago.

I think on this basis you could raise the argument that you are an employee.

Therefore you will be able to rise a claim for either breach of contract for no payment of wages, or at the Fair Work Commission for unpaid wages.

Which option would you prefer ?