Posts: independant contractors

When engaging people to perform work, businesses must be aware of the distinction between an employee and an independent contractor as there are varying legal rights, obligations and entitlements which apply to the respective working relationships.

A recent decision of the Federal Court of Australia – Full Court has provided some clarity to employers in relation to when the obligation to pay superannuation will or will not arise.

The Full Bench of the Fair Work Commission (the Full Bench) has handed down one of the first decisions on the question of whether a food delivery driver was an independent contractor or an employee following the recent High Court decisions of CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2.

The High Court of Australia has handed down two long-awaited appeals regarding the distinction between employee and independent contractor, ultimately deciding that the answer is to be found in the terms of the written contract, with particular regard for the rights and obligations of the parties under that contract.

There are benefits to engaging individuals as independent contractors where there is a particular task, project or specialised kind of work that needs to be performed.