A recent case in Queensland, Foord v Workers’ Compensation Regulator, examines whether Barry Fludder was performing work under a contractual agreement or acting as a volunteer when he tragically died while attempting to fix a leaking water pipe. The case highlights the complexities of work arrangements in informal settings and their implications for workers’ compensation claims.

Background

On 10 May 2023, Michele Shea posted on a Facebook group called ‘Working on the Road in Australia,’ offering a place for travellers to stay in exchange for 10 hours of help per week. The tasks included whipper snipping, weeding, and organising a shed. Ms Foord and her partner, Barry Fludder, responded to the post, expressing interest in staying at the property before starting work in Mackay in June. They arrived on 12 May 2023 and began performing agreed-upon tasks the next day. Four days later, on 16 May 2023, Mr Fludder was electrocuted and died while attempting to fix a leaking water pipe on the property. The key legal question became whether he was working under an employment-like arrangement or voluntarily carrying out a personal task.

Legal Issue: Work or Volunteering?

The Workers’ Compensation authority argued that Mr Fludder was acting voluntarily when he attempted to repair the water pipe. Their case rested on several key points:

  • Mr Fludder was fixing the pipe for his and Ms Foord’s convenience to ensure they had fresh water at their caravan site.
  • The repair work was done without the knowledge or direction of the property owners, Mr and Mrs Shea.
  • A new tap had already been installed, and the caravan had access to water, so the leak was not essential for their stay.

Conversely, Ms Foord and the legal representatives for Mr Fludder’s estate contended that fixing the leak was part of their agreement with the Sheas. Key evidence supporting this argument included:

  • Mr Shea had previously mentioned the leak and discussed it with Mr Fludder.
  • On 15 May, Mr Shea and Mr Fludder inspected the leak together and planned to work on it further.
  • Ms Foord testified that she reminded Mr Fludder of their obligation to complete agreed-upon tasks before exploring the area.
  • The judge accepted that Mr Fludder had set aside his personal preference to explore Cape Hillsborough that morning in order to fulfil his work obligations.

Case Background: Foord v Workers’ Compensation Regulator

The court ruled that Mr Fludder was performing work under the agreement with the Sheas rather than acting voluntarily. The judge found that the work arrangement was a form of barter, and that accommodation, electricity, and water were provided in exchange for labour. Hence, fixing the leaking pipe was part of the agreed-upon tasks, making it a work-related activity. Since Mr Fludder recognised this obligation and acted accordingly, his death occurred in the course of work.

Implications for Workers’ Compensation

This case serves as an important precedent in defining employment relationships in informal work arrangements. Even in non-traditional work settings, an agreement to perform tasks in exchange for accommodation or benefits can be enough to establish a worker-employer relationship. For personal injury and workers’ compensation lawyers, Foord v Workers’ Compensation Regulator highlights the need to carefully assess whether a person was working under an enforceable agreement or simply volunteering. Cases like this will continue to shape the evolving landscape of workers’ rights, particularly for those engaged in informal or alternative work arrangements.

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