• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


Unionising Gig Economy Workers – The New Frontier in Industrial Relations

Changes to the gig economy and workers’ rights are issues that continue to be fought. Recently, there have been a number of court judgments which people have perceived as being inconsistent. This includes the High Court decision that two truck drivers were contractors, despite 30 years of service to a company, and contrastingly a finding by the Court that a backpacker who worked for a labour-hire company was an employee despite a signed agreement which expressly described him as a “self-employed contractor”.

This begs the question, does our classification of workers need to be changed?

How are Workers Currently Categorised?

Workers are currently categorised as employees or contractors. The classification between the two is often decided based on a list of factors. These list of factors (such as who supplies the equipment and who pays tax) requires a weighing-up exercise.

Importantly, these factors and the weight each should be given is informed by Court judgments, not legislation. This means that they change over time and depending on the circumstances of each case.

Is a New Category Required?

The chief of the ACTU, Sally McManus, has declared that a new class of worker in the gig economy is warranted. Her vow is to allow riders and drivers working for gig economy power houses such as Uber and Deliveroo, for example, to have the ability to band together in arguments for better pay.

The push would be for industrial relations laws to adapt to facilitate a retention of the flexibility afforded to gig economy workers, whilst enabling the security and bargaining power or collective rights including not being paid less than minimum wage.

In the context, at a state government level, the Victoria Labour government has forged ahead of other states announcing that it will implement changes to protect gig economy workers thereby increasing pressure on the Federal government to implement change at a national level.

Flexibility greater than even casual employment is undoubtedly an attractive characteristic of the gig economy workplace, and unionising may hinder that complete flexibility. But these changes inevitably come with a bargaining compromise and certainly protection from exploitation for those workers should be a paramount ambition.

As the labour market continues to develop and change in the context of the gig economy’s strength and allure, industrial law will be a dynamic area to watch and participate in as the Courts and Fair Work Commission adapt to the newly implemented policies and legislation to keep up.

As the tension of the divide between contractor and employee bends, yields and snaps or bounces back, in the framework of a change of Federal government from blue to red, and with the unions demanding change, there is a lot for businesses to keep in mind when employing (or contracting) gig economy workers. These changes will surely have a flow on effect to other areas of employment law as well.

If you have any questions about employees within your business, reach out to one of our experienced employment lawyers at at Taurus Legal Management on (03) 9481 2000 or info@tauruslawyers.com.au.

You can also read about the recent High Court decision in our article found here.

Posted by Taurus Legal Management