Check a representation that employment is an independent contracting arrangement
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the words and the contract the lawyer supplies, set out what was represented, when, and to whom. Section 357(1) says a person that employs, or proposes to employ, an individual must not represent that the contract of employment is a contract for services under which the individual performs, or would perform, work as an independent contractor. It is a civil remedy provision. Section 357(2) says this does not apply if the employer proves that, when the representation was made, the employer reasonably believed the contract was a contract for services. For that belief, section 357(3) says regard must be had to the size and nature of the employer's enterprise, and regard may be had to any other relevant matters. List the size and nature facts the lawyer supplies, and any other matter the lawyer marks as relevant. The tool does not decide that the contract is a contract for services, and it does not decide that the belief was reasonable.
- What the lawyer must review
- The lawyer decides whether the representation was made, whether the employer reasonably believed the contract was a contract for services, and what follows.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the words and the contract the lawyer supplies, set out what was represented, when, and to whom. Section 357(1) says a person that employs, or proposes to employ, an individual must not represent that the contract of employment is a contract for services under which the individual performs, or would perform, work as an independent contractor. It is a civil remedy provision. Section 357(2) says this does not apply if the employer proves that, when the representation was made, the employer reasonably believed the contract was a contract for services. For that belief, section 357(3) says regard must be had to the size and nature of the employer's enterprise, and regard may be had to any other relevant matters. List the size and nature facts the lawyer supplies, and any other matter the lawyer marks as relevant. The tool does not decide that the contract is a contract for services, and it does not decide that the belief was reasonable. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Quote the representation and record whether the person employs, or proposes to employ, the individual.
- Keep the size and nature of the enterprise separate from any other matter the lawyer marks as relevant under section 357(3).
- Do not decide that the worker is an independent contractor or that the employer's belief was reasonable.
Sources
- Fair Work Act 2009 (Cth) s 357 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.