Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:1_902
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 1 cl 902
Character Range: 6578–7685

902  Dismissal etc. for purpose of engaging certain persons as independent contractors

 (1) An employer contravenes this subsection if:
 (a) the employer dismisses, or threatens to dismiss, an individual who:
 (i) is an employee of the employer; and
 (ii) performs particular work for the employer; and
 (b) the employer's sole or dominant purpose in dismissing or threatening to dismiss the individual is to engage the individual as an independent contractor to perform the same work, or substantially the same work, under a contract for services.

 (2) Subsection (1) is a civil remedy provision.

Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.

 (3) In proceedings alleging a contravention of subsection (1) it is presumed, other than in relation to the granting of an interim injunction, that the employer's sole or dominant purpose was the purpose referred to in paragraph (1)(b), unless the employer proves otherwise.

Note: Subsection 904(2A) permits the Court to grant an injunction for a breach of this section, and section 838 deals with interim injunctions.