The Attribution of Responsibility in Trilateral Work Relationships: A Contractual Analysis

Cases concerning the attribution of responsibility in trilateral work relationships have become increasingly common in Australia. A common example of a trilateral work relationship is a labour hire arrangement, where a labour hire agency engages a worker and then allocates the worker to a host company. This article considers whether employment-related responsibility can be imposed upon a host company consistently with orthodox principles of contract law. In doing so, it analyses Australian cases as well as a body of case law from the United Kingdom which has developed the concept of an implied contract of employment. It is argued that the concept is compatible with orthodox principles of Australian contract law. The article explores the circumstances that may give rise to an implied contract between a host company and a labour hire worker. It also examines the limitations of the concept.