[Using IRAC format - Issue, Relevant Law, Application and Conclusion format & relevant Western Australian Laws]

Johnny was one of five storemen working for Summer Roads Limited at their warehouse. He had a number of specialist licences for the operation of various loading machinery. Summer Roads had been giving Johnny work for over ten years until recently. He usually worked from 6.30am to 4pm Monday to Friday. Johnny invoiced the company at the end of each week according to the number of hours he worked and the weight of the stock he moved during that period. Last Friday Johnny's relationship with the supervisor was stressed when Johnny handed in his invoice explaining it was at a higher hourly rate to reflect increased cost of licences. The supervisor refused to pay it adding the basis of his denial was that the company could not afford any increased costs during the global financial crisis. He suggested Johnny focus on the benefits he enjoyed, including a bonus payment equivalent to two weeks pay while the warehouse was closed at Christmas, and the significant allowance he received when he moved more stock than his daily quota. Johnny thought about the fact he did not receive paid personal leave or annual leave, and didn't feel any better about it.

Later that day Johnny was injured and killed when shelving fell and hit him on his head, knocking him to the floor. Shelves sometimes fell because they were not erected properly or had worked themselves loose. Industry standards prescribed the use of certain shelves and attachments, but the warehouse used other cheaper equivalents.

[In Question A, it was determined using the multi factor test that Johnny is an independent contractor]

(Qn B) Advise Johnny's family whether there is legislation that may penalise Summer Roads in relation to the safety of the workplace. What is this legislation (if there is any) and how might this be relied upon?(15 marks)