This fact sheet provides information regarding how a building industry participant can determine whether a worker has been engaged as an employee or is carrying on their own business as an independent contractor.
The courts have adopted a multi-factor test to determine whether a person is an employee or carrying on their own business as an independent contractor. No single issue will be determinative. However, courts will place greater weight on some matters, in particular, on the right to control the manner in which the work is performed.
Need more information?
For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry [at] abcc.gov.au.