The classification of workers as employees or contractors at common law is a continuing conundrum in various areas, including PAYG withholding, superannuation guarantee, payroll tax and general employment law. Many working arrangements are not black and white, and it is necessary to examine them closely to identify the factors indicating an employment relationship versus a contractor relationship. We have compiled a checklist referencing the factors which the Courts have considered important to address, and which may assist with clarifying a person’s work arrangement.

A PDF of this Checklist can be downloaded here

If you wish to obtain legal advice in relation to an employee or contractor arrangement, please contact our Laszlo Konya or Daniel Rathner on (03) 9614 7707.


This checklist is not intended to be comprehensive or constitute legal advice. This checklist is intended for your completion and return to us for our use in providing comprehensive legal advice to you. This checklist should not be relied upon as authoritative or exhaustive and you should seek legal advice in respect of each matter of interest relating to this checklist. Legislation relating to payroll tax and superannuation includes statutory extension to the common law meaning of employee and is not taken into account in this checklist.

© Pointon Partners Pty Ltd 2017