Contractor or Employee? What Am I?

Do I have any post-engagement obligations as an independent contractor?

WorkPac v Skene [2018]- Am I still a casual employee if I work full-time hours?

Whether you will be classified as a casual employee will be determined by assessing the true nature of your employment relationship.

Implications of the landmark Klooger v Foodora decision

In a landmark decision, the Fair Work Commission has determined that food-delivery rider Josh Klooger was an employee at Foodora, not an independent contractor. The implications for the gig-economy are only just playing out, but will be inevitably far-reaching.

I did not sign an employment contract, what rights do I have?

You still have extensive rights and responsibilities as an employee, even if you have never signed an employment contract. The terms and conditions of your employment can be found in 4 places:

• The National Employment Standards in the Fair Work Act 2009 (Cth);
• Any applicable industry modern award;
• An employer-specific enterprise bargaining agreement; and/or
• Rights under other pieces of legislation.

What can I do if my employer is not paying me my superannuation?

Eligibility requirements for superannuation contributions

 It is important to ensure that you are entitled to receive superannuation contributions before making the relevant inquiries.

Do I have all the usual employee rights as an apprentice?

Apprentices have the same rights and entitlements as any other employee including:

• The right to annual leave, sick leave and public holidays
• The right to a safe working environment
• The right to receive superannuation contributions
• The right to join a union or take industrial action.

My boss says that I am a contractor, but I think that I am probably an employee. What can I do?

If your work contract (or your boss) claims that you are a ‘contractor’ but you are in fact an employee, your employer could be subject to a heavy penalty under the Fair Work Act 2009 (Cth) (‘the Act’).

The Act prohibits an employer from saying or implying that a staff member is an independent contractor when they are in fact an employee. The Act also prevents employers from dismissing their employees in order to hire them again to perform the same work as independent contractors.

What entitlements do I have as a freelance worker?

What entitlements do I have as a freelance worker? A freelancer is also known as an independent contractor for Australian taxation purposes.

Am I entitled to superannuation as a contractor?

Are you a contractor or an employee?

It may be that an employer has incorrectly labelled an employee as a contractor in order to avoid paying that employee his or her statutory employment entitlements. Superannuation for example, may be one of these entitlements. Specific provisions in the Fair Work Act 2009 (Cth) exist in order to prevent employers from claiming that an employee is an independent contractor so as to avoid paying superannuation.

How will I know if I am actually a contractor or employee?

There are two issues here. The first whether you are genuinely a contractor or an employee, and secondly whether or not the employer is the company providing the work or the agency which pays you.