---
title: "Build an employee-versus-contractor table under the Fair Work Act s.15AA test"
url: "https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/build-an-employee-versus-contractor-classification-issues-table/commonwealth"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A15-T1-R6-CTH"
practice_area: "Anti-Discrimination & Industrial Relations"
tier: "red"
lawyer_review: "required"
jurisdictions: ["CTH"]
last_reviewed: "2026-09-23"
---

# Build an employee-versus-contractor table under the Fair Work Act s.15AA test

> 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.

Canonical page: https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/build-an-employee-versus-contractor-classification-issues-table/commonwealth  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Anti-Discrimination & Industrial Relations](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 | Commonwealth |
| Applies to | [Build an employee-versus-contractor classification issues table](https://ailawframework.com/practice/anti-discrimination-and-industrial-relations/build-an-employee-versus-contractor-classification-issues-table.md) |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: Potential support includes summarising source material and identifying points for review. Confirm the tool’s capability and permitted scope.
- What the lawyer does: Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Suggested checking approach based on the task guidance. Complete the assessment for the actual tool, information and jurisdiction.
- Why: The plan reflects the described work and review requirements. Policy colours are not used to determine permission or checking.

## Checks the lawyer makes

1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
2. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
3. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
4. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Notes

- Confirm the required checking with the responsible lawyer before work starts. The checking approach does not establish permission to use AI.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*