Classification: employee

(b) The controlling approach is to characterise the relationship by the parties’ legal rights and obligations under the valid, wholly written contract, not by a broad review of later work practices; contractual labels are not decisive. Leading case: CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1.

(c) The labour-hire company must comply with employee obligations, such as paying statutory minimum wages and other Fair Work Act/NES entitlements.