Jess is 16 years old high school students who serves at a coffee and BBQ van on school holidays for family friends Jim and Sue. Jim and Sue have known Jess's parents for many years. Jess doesn't expect to be paid because she doesn't have any previous experience and her parents have told her that this is a good opportunity to get some work experience. She is paid by Jim and Sue at a rate of $50 cash a day for doing a 5 hour shift. She also gets a lift from Jim and Sue to and from the location that the van is at, as she doesn't drive yet. The van provides food at outdoor locations for a number of outdoor events.

During the Covid-19 lockdown Jim and Sue ask Jess to sign a Jobkeeper application. Jim and Sue say that they can't keep paying her if she doesn't sign. One day jess slips over and hurts her back. Jess stops work immediately, and she is not able to keep going with her athletics training. She has an ultrasound and an MRI which show that she has sustained soft tissue damage to the left side of her spine which could take 8-12 weeks to heal. Jim and Sue are very sorry to hear the news and tell her that she is not really an employee and cannot claim workers compensation.

Focus on the enforceability of the Jobkeeper application and whether the work is carried out by an employee or independent contractor. Is there a contract between Jess and Jim and Sue? Is the Jobkeeper application enforceable? Is this a case of unconscionable conduct? Is Jess an employee or independent contractor? Are Jim and Sue correct that Jess can't claim workers compensation?