NSW Bread Vendor 1990 till 2000.

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Portman

Member
15 July 2020
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I started a bread distributorship with a large firm for the delivery of bread and related products starting 1990 till I believe 2000 when we were forced to become a PTY LTD company. I continued on delivering for that company till 2012 when my contract was not renewed due to further cutbacks. I have been of the understanding that if a sole trader receives 100% of his income from one company then he is essentially deemed an employee and thus should have been getting superannuation contributions. Fearing for having my contract terminated I did not pursue any of this and therefore have been without any super contributions for approx 22 years. I still have all the contracts I have signed over that period but was still worried how I would even pay a lawyer to look into this as I was not earning enough income to go and see one. Anyone have any information that can help it would be appreciated. Thank you.
 

Atticus

Well-Known Member
6 February 2019
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1990 till I believe 2000 when we were forced to become a PTY LTD company. I continued on delivering for that company till 2012 when my contract was not renewed due to further cutbacks....... I have been of the understanding that if a sole trader receives 100% of his income from one company then he is essentially deemed an employee
From my (limited) understanding.... There are some circumstances whereby if you receive over a certain percentage of your income from one source you can be deemed an employee, but I *think* your undoing here (as far as super contributions go), is that you became a PTY LTD ... So it's the PTY LTD company that pays you a wage/income, not who you are contracted to
 

Portman

Member
15 July 2020
4
1
4
Thank you. I understand I have no come back after becoming a company but I'm wondering if between 1990 and 2000 I may be be owed some entitlements.
 

Atticus

Well-Known Member
6 February 2019
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2,394
I'm wondering if between 1990 and 2000 I may be be owed some entitlements.
You piqued my interest.... Found this >>>> Contractors

If you were being paid directly as Joe bloggs rather than bloggs distributorship for eg, then you *may* have some grounds .... ATO may be able to help clarify/confirm... If you are you could take your old contracts along to a lawyer together with whatever other info ATO can give you for an opinion... You should be bale to find a lawyer that will do a free initial consult to have a brief look at what you have
 

Portman

Member
15 July 2020
4
1
4
You piqued my interest.... Found this >>>> Contractors

If you were being paid directly as Joe bloggs rather than bloggs distributorship for eg, then you *may* have some grounds .... ATO may be able to help clarify/confirm... If you are you could take your old contracts along to a lawyer together with whatever other info ATO can give you for an opinion... You should be bale to find a lawyer that will do a free initial consult to have a brief look at what you have
Thank you. I'm a little more hopeful now.
 
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Tim W

Lawyer
LawTap Verified
28 April 2014
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Thank you. I understand I have no come back after becoming a company but I'm wondering if between 1990 and 2000 I may be be owed some entitlements.
Depends.
First of all, after twenty years, you are probably out of time to make a claim.

Further, it depends on what you were doing, back in the day.
For example, were you buying the bread and on-selling it
(say, wholesale to shops, or retail yourself - such as door to door to households); or
were you selling it as agent for the bakery (the term "distributorship" suggest this arrangement); or
were you just delivering it from the bakery to the bakery's own customers?
 

Portman

Member
15 July 2020
4
1
4
Depends.
First of all, after twenty years, you are probably out of time to make a claim.

Further, it depends on what you were doing, back in the day.
For example, were you buying the bread and on-selling it
(say, wholesale to shops, or retail yourself - such as door to door to households); or
were you selling it as agent for the bakery (the term "distributorship" suggest this arrangement); or
were you just delivering it from the bakery to the bakery's own customers?
We were what was referred to as a bread vendor. We supplied the truck only and an area that was unofficially the territory to sell the products. We ordered the products and delivered them and were paid our commission the following week on a percentage of what was sold.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,625
699
2,894
Sydney
We were what was referred to as a bread vendor. We supplied the truck only and an area that was unofficially the territory to sell the products. We ordered the products and delivered them and were paid our commission the following week on a percentage of what was sold.
Sounds to me like an agency arrangement.
In which case, you were probably not an employee.