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Independent Contractors Australia

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
K&L Gates LLP

Loopholes Laws Open for Business: Are You Ready for 26 August 2024?

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Yet more changes are ahead for employers as key elements of the Federal Labor Government's Fair Work Legislation Amendment (Closing the Loopholes No 2) Act 2024 (the Act) take effect on 26 August 2024....more

Seyfarth Shaw LLP

Struggling to keep up with all the closing loopholes reforms?

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The last two years has seen multiple rounds of changes to employment, industrial and safety laws at federal and state level in Australia....more

K&L Gates LLP

Workplace Reform Rolls on… Again

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The Federal Labor Government (Government) has completed its third tranche of workplace relations reform with the recent passage through Federal Parliament of its Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill...more

K&L Gates LLP

More Than Just Loopholes: Significant Changes Proposed Under the Federal Government's Third Tranche of Labour Law Reforms

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The Federal Government recently introduced the latest in a series of workplace reforms into Federal Parliament. The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the Bill), proposes further amendments to the...more

Seyfarth Shaw LLP

Navigating the New World of Work: Is Contracting on the Way Out?

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Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to...more

Jones Day

Contract Is King: High Court of Australia Provides Clarity on 'Employee vs Contractor' Test

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On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more

K&L Gates LLP

Full Court of Federal Court Revisits Moffet Decision – Independent Contractor Still Entitled to Superannuation

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The Full Court of the Federal Court of Australia has recently handed down its decision in Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118. This decision again highlights potential risks, particularly with respect to...more

K&L Gates LLP

Beware – The Law May No Longer Tolerate So Called 'Independent Contractor' Arrangements

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WHAT HAPPENED? A Full Bench of the Federal Court has upheld a decision of the Federal Court that Mr. McCourt, a British backpacker engaged by a labour hire company (Personnel) to work as an unskilled labourer for a building...more

K&L Gates LLP

The Federal Court of Australia Finds Independent Contractor Entitled to Superannuation

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The case of Moffet v Dental Corporation Pty Ltd [2019] FCA 344 was recently determined by the Federal Court of Australia, and is another important decision relevant to dental practices. ...more

Jones Day

Australian Workplace Class Actions on the Rise

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The Situation: It is relatively uncommon in Australia for workers or employees to bring class actions against their employers in which they allege sham contracting arrangements. The Development: Four class actions, which...more

Littler

Littler Global Guide - Australia - Q3 2018

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Company Liable for Contract Worker’s Injuries - Precedential Decision by Judiciary or Regulatory Agency - On September 6, 2018, the NSW Supreme Court held that a company (Company A) that used a contracted labor hire...more

Seyfarth Shaw LLP

A Glimpse Into A Future Labor Government IR Agenda?

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A Senate Select Committee report on the Future of Work and Workers handed down this week after a year-long inquiry, gives some insight (which is likely to be startling to most employers) into the likely Labor legislative...more

Seyfarth Shaw LLP

Outsourcing: Why The Game Has Changed

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Traditionally, alternative labour models – including outsourcing and contracting – have been used by business to defray cost and risk and deal with workflow fluctuations. Today’s environment is creating new challenges for...more

K&L Gates LLP

Uber and Out… Gig is Up for Digital Worker

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On 21 December 2017, Deputy President Val Gostencnik of the Fair Work Commission issued a decision in the matter of Michail Kaseris v Rasier Pacific V.O.F., an unfair dismissal application in which the jurisdiction of the...more

Jones Day

Monthly Update - Australian Labour & Employment - November 2017

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MESSAGE FROM THE EDITOR - In this edition of the Update, we report on Woolworths' commitment to identify and address human rights risks in its Australian supply chains. We then discuss a class action expected to be lodged...more

Jones Day

Australia Adds Indemnities and Limitations of Liability

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Recent amendments to the Australian Securities and Investments Commission Act 2010 (Cth) ("ASIC Act") and the Competition and Consumer Law Act (Cth) ("CC Act") extended the unfair contract terms regime, which previously...more

K&L Gates LLP

The Potential Chain Behind This Supply Chain Order

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The April start? Unless the Road Safety Remuneration Tribunal (RSRT) delays the commencement date for the Contractor Driver Minimum Payments and Road Safety Remuneration Order 2016 (RSRO 2016), the order will commence...more

Fisher Phillips

Australia – Examination of the Test to Determine Worker Status: Independent Contractor or Employee?

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The Full Court of the Federal Court of Australia recently considered whether an agency contractor was an employee or an independent contractor in the case of Tattsbet Limited v. Morrow [2015] FCAFC 62. Overturning the lower...more

K&L Gates LLP

Are They Independent Contractors? Don't Hedge Your Bets on the Entrepreneur Test

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A Full Court of the Federal Court of Australia (Full Court) in Tattsbet Limited v Morrow [2015] FCAFC 62 (11 May 2015) has upheld an appeal by Tattsbet Limited (Tattsbet) that a former agency operator was a contractor,...more

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