Week 8 Tutorial: Australia case clinic

Working through Gupta v Uber Eats, a pre-reform Fair Work Commission jurisdiction contest, in detail

Graded checkpoint, checked live at the start of the session · Weight: 2%

Before the session#

Read the assigned pre-reform Fair Work Commission case, Gupta v Uber Eats [2020] FWC. Name the jurisdictional test the Commission actually applied — not the multi-factor employment test in general, the specific reasoning this determination used — and identify one fact that, had it been different, would plausibly have changed which way the case went.

In the session#

Working through Gupta v Uber Eats in detail as a clinic: what was argued, what control-versus-independence test the Commission applied, what the ruling did and didn’t settle about platform work, and what a different fact pattern (a fixed shift, an exclusivity clause, a company-owned vehicle) would have needed to succeed.

Afterwards#

Keep your notes on this case’s limits — week 9 asks what the 2024 Closing Loopholes reform changed about exactly this gap.