Posts: independent contractor

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independent contractor

Control in the independent contractor relations

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In determining whether an individual is an employee or an independent contractor, courts and tribunals are required to assess the “real substance, practical reality and true nature” of the relationship, per s 15AA of the Fair Work Act 2009 (Cth).

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The “practical reality” test confirms that an individual was an employee and not an independent contractor

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The Fair Work Act 2009 (Cth) was amended last year to introduce a new test for determining if an individual is an employee or an independent contractor.

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