LAW-0004 · gemini-3.1-pro-preview (high)(a) Classification: employee
(b) The High Court adopted the "primacy of contract" approach, holding that where a comprehensive written contract exists and is not a sham, the characterisation of the relationship must be determined solely by reference to the legal rights and obligations established by the written terms, rather than by examining the parties' subsequent conduct or using a broad multifactorial test. The leading case is *CFMEU v Personnel Contracting Pty Ltd* [2022] HCA 1.
(c) The engaging business is legally required to pay Superannuation Guarantee contributions on behalf of the worker.