Classification: employee

(b) The High Court adopted a contractual “rights and duties” approach: where a comprehensive written contract is not a sham and has not been varied, the worker’s status is determined by the legal rights and obligations in the contract, not by how the relationship operated in practice. Leading case: CFMMEU v Personnel Contracting Pty Ltd (2022) 275 CLR 165.

(c) One practical consequence is that the engaging business may have to meet employee obligations such as superannuation, PAYG withholding, and leave entitlements.