Fair Work Act 2009

A person (the employer) that employs, or proposes to employ, an individual must not represent to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor.

This subsection is a civil remedy provision (see Part 4‑1).

Subsection (1) does not apply if the employer proves that, when the representation was made, the employer reasonably believed that the contract was a contract for services.

In determining, for the purpose of subsection (2), whether the employer’s belief was reasonable:

regard must be had to the size and nature of the employer’s enterprise; and

regard may be had to any other relevant matters.