PPRuNe Forums - View Single Post - Employed as a sole contractor earning well below award, my rights and what i can do??
Old 26th Jul 2010, 11:15
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PaulDamian
 
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Sorry Rojer Wilco, I respectfully disagree that everything hinges around what is written in the contract. Have a look at Re: Porter:

"The parties cannot create something which has every feature of a rooster, but call it a duck and insist that everyone else recognise it as a duck" Re Porter (1989) 34 IR 179 at p. 184 per Gray J

Its an oldie, but a goodie. Still good law and quoted quite a lot.

In addition to the express written terms, a contract may also subject to:
- pre-contractual representations and promises
- express oral terms and promises;
- implied terms;
- terms established through custom and practice;
- statute (i.e. the independent contractors act); and
- the common law.
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