JMC Academy (“Australia’s leading private college in the Creative Industries”) said lecturer Nichollas Harrison was a contractor, the Federal Court says no  

The Commissioner of Taxation and JMC were in court over whether it should pay super contributions for him.

In the Federal Court last week Justice Wigney found Mr Harrison was an employee.  “The totality of the legal rights and obligations provided for in the contracts reveal that Mr Harrison was engaged or retained to work in JMC’s business of providing accredited higher education programmes to its students. The rights and obligations were such that it could be fairly said that Mr Harrison’s work under the contracts was so subordinate to JMC’s business that it could be seen to have been performed as an employee of that business, rather than as part of an independent business or enterprise.”

The National Tertiary Education Union has a case against JMC Academy pending.