Contractors V Employees
Australia’s new workplace relations system.
From 1 July 2009, most Australian workplaces are governed by a new system created by the Fair Work Act 2009. The Fair Work Ombudsman helps employees, employers, contractors and the community to understand and comply with the new system. We provide education, information and advice, help to resolve workplace complaints, conduct investigations, and enforce relevant Commonwealth workplace laws.
Who is an employee? Who is an independent contractor? There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Each determination is based on the individual merits of the work arrangement in place. Courts always look at the totality of the relationship between the parties when determining the status of a person’s employment. There are some common indicators that may contribute to determining whether a person is an employee or independent contractor.