In general terms, a business is not responsible for providing workers compensation cover, superannuation or leave payments for contractor or consultants. Award conditions and workplace agreements do not apply either.

In some cases, businesses have engaged workers as contractors or consultants instead of employees which means that they are not responsible for the usual entitlements that apply to employees.

The courts have developed a number of tests to determine whether the relationship is one of a legitimate contractor/consultant or employee. The courts consider the extent of detailed control the business exerts over the activities of the worker, whether the worker is able to work for other entities, whether the worker can employ subcontractors and who is responsible for supplying tools or equipment for their work, amongst other considerations.

Our services for Contractors and Consultants

 
Clinch Long Letherbarrow have considerable expertise in the area of contractor and consultant contracts.

For contractors and consultants, we can draft contract documents that support their business objectives and we also review contract documentation that has been supplied by their clients. In the event of a dispute arising, we advise and represent contractors and consultants to help them secure a satisfactory resolution to the issue in as short a time as possible.

We also act for organisations defending claims regarding the legitimacy of their relationships with contractors or consultants, as well as offering advice and representation to businesses in dispute with contractors or consultants.

Contact Clinch Long Letherbarrow today for insightful guidance and advice regarding all aspects of contractor and consultant contracts.