Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641031337.pdf (Australia)
PREDOMINANT CHARACTERISTICS  Freelance individual, business or corporation that pursues business activity on their own account  Can fully determine what work to carry out, the way in which it is done, the time, the place etc  Has invested own capital/is exposed to an element of risk  Can delegate work to others, depending on client contracts  May work for more than one company/organisation  Uses own tools, equipment as appropriate.
 Remuneration paid on GST invoice basis INDEPENDENT CONTRACTOR (incorporated or unincorporated) KEY RIGHTS  State and Federal discrimination legislation*  Fair Work Act 2009 (Cth) (limited to sham contracting and adverse action)  Workplace health and safety legislation*  Workers’ compensation legislation (limited to unincorporated contractors)  Superannuation legislation (limited to unincorporated contractors) Independent Contractors Act 2006 (Cth)   Competition and Consumer Act 2010 (Cth)  A freelance individual conducting business in his/her own right  Receives a rate which is all inclusive of their entitlements  Can fully determine what work to carry out, the way in which it is done, the time, the place etc  Has invested own capital/is exposed to an element of risk  May be able to delegate work to others, depending on client contracts  May work for more than one company/organisation  Uses own tools, equipment as appropriate FREELANCE INDIVIDUAL (PAYG contractor)  State and Federal discrimination legislation*  Fair Work Act 2009 (Cth) (limited to sham contracting and adverse action)  Workplace health and safety  legislation* Independent Contractors Act 2006 (Cth)  Competition and Consumer Act 2010 (Cth)  Modern Awards (if applicable)  Individual employed directly as a temporary employee of a recruitment services company and supplied or “on- hired” to an end user client  Has a degree of dependence similar to that of employee but often engaged on a ‘casual as required’ basis  Less evidence of control and mutuality of obligations than between employer and employee  Remuneration paid by recruitment services company inclusive of entitlements  LABOUR HIRE CONTRACTOR (temporary contractor, flex worker, temp, labour hire or on-hired worker)  State and Federal discrimination legislation*  Fair Work Act 2009 (Cth)  State and Federal long service leave legislation*  Modern Awards (if applicable)  Enterprise Agreements (if they specifically cover contractors or they are between the recruitment services company and their client)  Workplace health and safety legislation  Superannuation Guarantee Charge Act 1992 (Cth)  Workers’ compensation legislation* © This document is copyright protected by Squire Patton Boggs (AU).
It should not be reproduced without the prior approval of Anna Elliott (anna.elliott@squirepb.com) *Note: For details of the relevant legislation, please see below 017-8124-1787/2/AUSTRALIA Senate Select Committee on the Future of Work and WorkersSubmission 123 - Attachment 3 Summary of applicable legislation Legislation Federal Sex Discrimination Act 1984 Racial Discrimination Act 1975 Age Discrimination Act 2004 Disability Discrimination Act 1992 Discrimination State NSW - Anti-discrimination Act 1977 VIC - Equal Opportunity Act 2010 WA - Equal Opportunity Act 1984 SA - Equal Opportunity Act 1984 QLD - Anti-Discrimination Act 1991 Australian Human Rights Commission Act 1986 (and Regulations 1989) ACT - Discrimination Act 1991 Fair Work Act 2009 Long Service Leave (Commonwealth Employees) Act 1976 NSW - Long Service Leave Act 1955 Long service leave Workplace health and safety Workers’ compensation VIC - Long Service Leave Act 1992 WA - Long Service Leave Act 1958 SA - Long Service Leave Act 1987 QLD - Industrial Relations Act 1999 ACT - Long Service Leave Act 1976 Work Health and Safety Act 2011 NSW - Work Health and Safety Act 2011 (and Regulations) Work Health and Safety Regulation 2011 VIC – Occupational Health and Safety Act 2004 (and Regulations 2007) WA – Occupational Health and Safety Act 1984 (and Regulations 1996) SA – Work Health and Safety Act 2012 (and Regulations) QLD – Work Health and Safety Act 2011 (and Regulations) ACT - Work Health and Safety Act 2011 (and Regulations) Workers Compensation Act 1987 Safety, Rehabilitation and Compensation Act 1988 NSW - Workers Compensation Act 1987 (and Regulation 2010); and Workplace Injury Management and Workers Compensation Act 1998 VIC - Workplace Injury Rehabilitation and Compensation Act 2013 WA – Workers Compensation and Injury Management Act 1981 SA – Return to Work Act 2014 (and Regulations 2015) QLD – Workers’ Compensation and Rehabilitation Act 2003 (and Regulations 2014) ACT – Safety, Rehabilitation and Compensation Act 1988, Workers Compensation Act 1951 (and Regulation 2002) Note: The above legislation is current as at June 2016 and may be amended or replaced from time to time.
Senate Select Committee on the Future of Work and WorkersSubmission 123 - Attachment 3