(a) Classification: employee

(b) The High Court adopted a multifactorial approach that prioritises the terms of the written contract itself, rather than the subsequent conduct of the parties, as the primary indicator of the legal relationship. The leading case is *Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd* [2022] HCA 1 (the "Construct" case), decided together with *ZZG Operations Pty Ltd v Jamsek* [2022] HCA 2. The Court emphasised that where the parties have committed to a comprehensive written contract that is not a sham, the rights and obligations under that contract determine whether the contract is one of employment or one for services, with the totality of the relationship being assessed by reference to the contractual terms.

(c) One practical consequence is that the labour-hire company becomes liable to pay superannuation contributions under the Superannuation Guarantee (Administration) Act 1992 (Cth) on behalf of the worker, and the worker gains access to statutory employment protections including unfair dismissal remedies, workers' compensation coverage, and paid leave entitlements under the Fair Work Act 2009 (Cth).