Evolution of Contractor Agreements – a return to a Multifactorial Approach

Evolution of Contractor Agreements – a return to a Multifactorial Approach

The High Court’s decisions in Personnel Contracting and Jamsek have underscored the significance of the contractor agreements between parties, marking a shift from the previously applied multifactorial test to emphasising the contractual relationship’s primacy.

These High Court rulings underscored the critical importance of meticulously drafted contracts for workers classified as independent contractors. In the event of legal scrutiny, the specifics of the contract would be paramount, (although not entirely exclusive) but still overshadowing the multifactorial analysis once prevalent.

Key reforms under this legislation involve redefining casual employment and addressing “employee-like” contract arrangements marking a departure from the High Court’s stance in Personnel Contracting and Jamsek in previous rulings.

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