LAW-0004 · claude-haiku-4-5 (high)
(a) Classification: employee

(b) The High Court's controlling approach is the "substance of the relationship" test, which looks beyond written labels to the actual substance of the engagement. The leading case establishing this framework is *Hollis v Vabu Pty Ltd* (2001) 204 CLR 421, which held that control over how, when, and where work is performed is a primary indicator of employment rather than independent contracting. The High Court established that factors such as control, integration into the business, provision of equipment, and ability to delegate are examined holistically to determine the true character of the relationship.

(c) One practical consequence is that the labour-hire company becomes liable for compulsory superannuation contributions on the labourer's behalf. This is a significant ongoing financial obligation; the company must contribute not less than 11.5% of ordinary time earnings into a complying superannuation fund. Additionally, the company would be liable for workers' compensation insurance contributions and employment protection obligations, but the superannuation requirement represents a direct, quantifiable ongoing cost.