Classification: employee

(b) The controlling approach is to characterise the relationship by the parties’ legal rights and obligations under the written contract, where it is wholly in writing and not a sham, rather than by a broad multifactorial review of subsequent conduct. The label “contractor” is not decisive. Leading case: *CFMMEU v Personnel Contracting Pty Ltd* [2022] HCA 1.

(c) The engaging business must meet employee obligations, such as paying statutory minimum wages and employee entitlements.