An arrangement to pay an existing employee on a sub-contract basis does not change the true nature of the employment relationship where the worker continues to perform the same duties, work exclusively for the employer, use the employer's tools and equipment, and remain under the employer's direction and control. The absence of a finding that the arrangement was a 'sham' does not preclude a finding that the relationship remained one of employment; it is sufficient to examine the totality of the relationship. Section 11(1)(b) of the Long Service Leave Act 1958 (WA) is jurisdictional only and does not confer a discretion to refuse to award statutory long service leave entitlements.
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