LAW-0004 · gemini-3.5-flash (default)(a) Classification: employee
(b) The High Court adopted a contractual approach, holding that where parties have entered into a comprehensive, written, non-sham agreement, the relationship must be determined solely by analyzing the legal rights and obligations created by the terms of the contract, rather than by subsequent conduct or the "label" the parties chose to describe themselves. The leading case is *Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd* [2022] HCA 1.
(c) The engaging business is legally obligated to provide the worker with statutory employment entitlements, such as paid annual leave under the National Employment Standards, and is liable to pay superannuation guarantee contributions.