•
How are the hours of work
determined, set and managed?
•
Does the worker have an ABN
or do they operate as a Pty Ltd
Company?
•
What level of control does the
employer / Company has over the
worker?
•
Who pays for any licensing or
registrations that the worker may
need?
•
Does the worker choose when they
work or is the Company obligated to
provide work to them?
•
How the worker is paid for their time
working for the Company?
•
Is the worker required to wear a
Company uniform?
•
Does the worker supply their own
materials to perform their work?
The importance of getting it right.
As indicated above, there are a variety
of entitlements that employers are
not obligated to pay to independent
contractors, but that are required to be
paid to employees.
If a worker has been paid as an
independent contractor but are later
deemed to actually be an employee,
the impact may involve large
underpayments, which employers are
obliged to correct.
are actually an employee, may also
constitute “sham contracting”. This is
expressly prohibited by the Fair Work Act,
and may result in substantial financial
penalties of up to $54,000.
Defining whether a worker is an
independent contractor or an employee
is not always a straightforward task. So
whether you’re a registered instructor or
trainer, a registered business, or a sole
trader just starting out you can get free
advice, templates and fact sheets from
Fitness Australia’s HR Advisory Service.
To access this service simply log into your
dashboard at fitness.org.au or call
1300 211 311.
To add to this, engaging someone as
an independent contractor when they
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