do labour hire practices reconcile a notion of joint employment with the common law master-servant relationship?
[17] It seems that a relative proliferation of employment forms or entities is a concomitant of almost any modern regulatory regime. In the early 1980’s, independent contractors, engaged as courier drivers, were marshalled into corporate entity personalities to avoid the natural person condition for eligibility to lodge an application under the then unfair contracts jurisdiction of the AIRC. One does not have to follow the ebb and flow of such characterisations of working relationships to understand that the entities who employ, and even the entity who performs work for reward, are not static. The contortions through which the courts have gone to fit the doctrine of vicarious liability to the traditional notion of employment illustrate the problems of fitting regulatory regimes to shifting forms of relationship that are not much different from employment7. [18] The growing use of labour hire arrangements as a form of employment poses a number of problems for participants in industrial
