s 302
In forceMisrepresenting employment as independent contracting arrangement
Chapter 8Rights and responsibilities of employees, employers, organisations etc.
Part 1General protections
Division 6Sham arrangements
302 Misrepresenting employment as independent contracting arrangement
(1)
An employer who 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.
Note—
This subsection is a civil penalty provision.
(2)
Subsection (1) does not apply if the employer proves that, when the representation was made, the employer—
(a)
did not know the contract was a contract of employment rather than a contract for services; and
(b)
was not reckless as to whether or not that was the case.
Research tools for this sectionPro
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.