Classification: employee

The controlling approach is that where a contract is wholly in writing and not alleged to be a sham, the legal rights and obligations of the parties are determined solely by the construction of the written contract, rather than by a post-contractual analysis of the parties' conduct or the substance of the relationship. The leading case is *Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd* [2022] HCA 1.

The engaging business is required to make superannuation contributions on behalf of the individual as a statutory obligation.