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Independent Contractors Australia International Labor Laws

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 -
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

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

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

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

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

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