Employment Law – Contractor or employee?

An update on recent changes and potential super, tax and employment liabilities for principals

The session will discuss the potential tax, superannuation and employment liabilities that can arise for principals who engage contractors.

Missed the live session?
You can now access LiveOne OnDemand. Choose the recording option when completing your registration and we will email you a recording link of the session complete with materials.


Overview

This session will cover:

  • What is the difference between a contractor and an employee at common law
  • Recent cases and what factors the Court will consider when determining whether a contractor is a deemed employee
  • Who can be a deemed employee under superannuation law and the personal liability regime for directors
  • Practical steps to structure arrangements to minimise the risk of contractors being deemed employees
  • Sham contracting arrangements – what are they and how can they be avoided?

Session Timetable

Missed the live session?
You can now access LiveOne OnDemand. Choose the recording option when completing your registration and we will email you a recording link of the session complete with materials.

  • Date & Time: Monday, 1 January 0001 -
  • Venue: LiveOne

Monday, 1 January 0001

Key benefits

Benefits of attending

As highlighted by a spate of recent Court decisions, there are significant costs to businesses, including leave, superannuation and other employment obligations, where a contractor that is deemed to be an employee. Furthermore, the ATO have highlighted in its 2011-12 compliance program, targeting sham contracting arrangements where individuals are incorrectly set up as contractors of a business. The ATO have found this to be a prevalent practice in particular industries, including building and construction, call-centres, cleaning, security, logistics, retails, tourism and hospitality, education, aged care, health and telecommunications.

Who should attend

Advisors, accountants, lawyers and proprietors.

Inclusions

All delegates will receive a copy of the presentation and any handouts.

Package & Pricing

Member

  • Standard $124.00

Non-member

  • Standard $140.00

Conditions:

All prices are in AUD and include GST. Only one discount is applicable at a time. ie. discount offers cannot be combined.

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Presenters

  • Alison Baker

    Alison Baker

    Partner - Employment, Hall & Wilcox Lawyers

    Alison has an extensive employment practice, advising clients on all aspects of employment and workplace relations law. Her experience includes advising on compliance with changes to workplace relations laws; drafting and advising on employment contracts; workplace agreements including enterprise agreements and independent contractor agreements; advising on the application and operation of awards, including modern awards; drafting and advising on workplace policies and procedures, including employment and human resources and human resources manuals and policies; and advising on the implementation of terminations and employee performance management.

  • Rebecca James

    Rebecca James

    Senior Associate, Hall & Wilcox

    Rebecca’s practice involves advising on all facets of private superannuation for employers, employees, self-managed superannuation funds and high net wealth individuals. She provides prudential regulation and compliance, taxation and estate planning advice as it relates to superannuation as well as providing advice on structuring commercial arrangements involving self managed superannuation funds including superannuation fund borrowing arrangements. Rebecca also provides advice to employers, employees, principals and contractors on complying with their superannuation guarantee obligations. Rebecca’s practice includes acting in the establishment and administration of superannuation funds, including structuring advice, prudential and taxation compliance and document preparation.

For more information

Last Updated 2 February 2012