Working Knowledge: the Employment Law Podcast

Independent Contractor Update


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In this episode, the team dive into the transformative changes to independent contracting in Australia under Section 15AA of the Fair Work Act, effective from 26 August 2024. The new law introduces a statutory definition of employment, shifting the focus from written contracts to the real substance and practical reality of working relationships. This marks a return to the multi-factorial assessment approach, considering factors like control, risk, and work expectations.

They explore the implications for businesses and contractors, including the opt-out provision for high-income earners (above $175,000), who can choose to rely on contract terms instead. The episode also covers new protections against unfair contract terms, allowing contractors to challenge exploitative clauses through the Fair Work Commission.

We finish with 'The Good, the Bad, and the Ugly', the regular current affairs segment, where we showcase three recent cases from the Fair Work Commission.


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Working Knowledge: the Employment Law PodcastBy Brian Powles


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