Classification: employee

(b) The High Court held that, where the parties’ relationship is comprehensively committed to a wholly written contract that is not a sham, the characterisation as employee or independent contractor is determined solely by reference to the rights and obligations created by that contract (not by a multifactorial examination of subsequent conduct or “reality”); leading case Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1.

(c) The labour-hire company is obliged to make superannuation contributions for the worker.