Checklist: Determining Whether Your Worker is a Contractor

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Contractors are not employees, they conduct their own trade or business and contract with you on that basis. The legal status of the relationship between you and a worker is determined by:

  • the nature of the work;
  • the manner in which the work is performed; and
  • what you and the worker both intend to be the basis of your relationship.


It is an offence under the Fair Work Act 2009 to represent that you have a contractor arrangement with a worker when you are actually in an employment relationship; referred to as sham contracting. Use this checklist to determine whether a worker is conducting their own business and therefore, what type of legal employment relationship you have with them.

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