The Case

Chambers and O’Brien v Broadway Homes Pty Ltd (2022)

Ms Chambers, a director of contracting company Jamrok Pty Ltd, and Ms Chambers’ son, Mr O’Brien, a sales manager, commenced unfair dismissal and general protection proceedings against Broadway Homes Pty Ltd (Broadway) in the Fair Work Commission (FWC).

Jamrok was a contractor of Broadway that sold building contracts for Broadway.

Broadway opposed both applications on jurisdictional grounds, claiming Ms Chambers and Mr O’Brien were not employees of Broadway. There was a written agreement between Broadway and Jamrok. Broadway alleged Mr O’Brien and Ms Chambers performed their work for Broadway under this written agreement, as agents of Jamrok.