Build an employee-versus-contractor table under the Fair Work Act s.15AA test
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the contracts, rosters and actual working practice, table facts bearing on the s.15AA whole-of-relationship test and any employee-like worker jurisdiction.
- What the lawyer must review
- Apply the s.15AA FWA test (from 26 August 2024) from primary sources: real substance, practical reality, true nature
- Note s.15AA replaced the contractual-terms focus of CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1
- Note it also replaced that focus in ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2
- Remember a wrong call invalidates advice on awards, unfair dismissal, NES, super and payroll tax
- Verify the opt-out for contractors above the s.15AA threshold
- Check employee-like worker and regulated platform work provisions (Closing Loopholes No.2)
- Treat those as a separate FWC jurisdiction; confirm the WA state-system boundary (sole traders, partnerships)
- Written for / version
- Commonwealth versionCth
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.