Popular on eTradeWire
- Pyrrhic Press Publishing Establishes Thought Leadership and Expands Global Influence Through PULSE - 157
- The Common Thread That Unites Us All - 148
- Women's Flag Football Coming to Cal Lutheran - 127
- Volusia Memorial Hosts First Annual Candlelight Service of Remembrance - 114
- AI In Career Development: A Comprehensive Guide - 107
- Shoe Elegance Relaunches as an Online Boutique, Reviving Timeless Style and Sophistication - 105
- Seasonal holiday décor on display at Guadalupe Resale Shop - 103
- Choosing The Best Bed Bug Extermination Services ✨ - 101
- UDC Faculty Named Fellows by Academy of International Business - 101
- Rising XR Startup Omnia shows off Virtual Showroom at Tesla Event - 101
Similar on eTradeWire
- Dylan McMahon makes progress on Canada Platforms
- New Book Features Jose Silva's Ultimate Consciousness Expansion Technique
- Holiday Special VIP Biz To Biz Networking Membership
- Florida Arts Non-Profit Arts Emposered, Inc., Awarded $1,000 Grant to Boost Its Marketing Efforts
- Inspiring the Full Arch Industry: Dr. James Fetsch Speaks At The Full Arch Growth Conference 2024
- ATTN: BUSINESS: 'Tis the Season, and here is a GREAT BUSINESS GIFT For Every Business in the World
- Cracking the Code of Modern Work: How Lubyc Is Making Life Easier, Business Better (and More Fun)
- LIB Empowers Uzbekistan's Automotive Industry: A New Era of Quality Assurance
- Latest ezW2Correction Software Now Supports 2 to 15 Users In Network Version Format
- Agility Recovery Launches MyAgility: A Next-Generation Solution for Business Continuity and Recovery
When Overseas Workers Are Australian Employees
eTradeWire News/10788741
STAFFORD, Australia - eTradeWire -- The Fair Work Commission has determined that a Philippines based "independent contractor" was an employee unfairly dismissed by her Australian employer.
The new definition of employee and employer
In August 2024, a new definition of what is an employee and employer came into effect in the Fair Work Act. This new definition extends the High Court's decision in CFMMEU v. Personnel Contracting Pty Ltd and ZG Operations Pty Ltd and Jamsek to rely on the nature of the contract between the parties, not just what the contract says. The intent of the legislative change appears to be to ensure that clever drafting of a contract alone will not be sufficient to define an independent contractor arrangement.
More on eTradeWire News
The Fair Work Act now requires that the true relationship between the parties is, "determined by ascertaining the real substance, practical reality and true nature of the relationship between the individual and the person." The totality of the relationship needs to be considered including how the contract is performed in practice.
What does this decision mean for employers?
The FWC's decision in Ms Joanna Pascua v Doessel Group Pty Ltd highlights how cautious employers should be about the nature of employment relationships. Just because you label an arrangement as that of an independent contractor, does not mean it is. And if you get it wrong, beyond the industrial relations impact, you might be liable for the tax, payroll tax and workers compensation payments that should have been made.
To learn more, visit https://mcfillin.com.au/ or book an appointment with our team in Stafford, Queensland.
The new definition of employee and employer
In August 2024, a new definition of what is an employee and employer came into effect in the Fair Work Act. This new definition extends the High Court's decision in CFMMEU v. Personnel Contracting Pty Ltd and ZG Operations Pty Ltd and Jamsek to rely on the nature of the contract between the parties, not just what the contract says. The intent of the legislative change appears to be to ensure that clever drafting of a contract alone will not be sufficient to define an independent contractor arrangement.
More on eTradeWire News
- Probate Attorneys in Ann Arbor Offer Tips to Deal With an "Oops" After Someone Passes Away
- Lumaz Lighting Announces 2025 Holiday Season Sale: Up to 50% Off
- Investor Friendly Title Company Orlando FL
- OpenID Foundation returns to Gartner IAM Summit to showcase interoperability in action
- Dylan McMahon makes progress on Canada Platforms
The Fair Work Act now requires that the true relationship between the parties is, "determined by ascertaining the real substance, practical reality and true nature of the relationship between the individual and the person." The totality of the relationship needs to be considered including how the contract is performed in practice.
What does this decision mean for employers?
The FWC's decision in Ms Joanna Pascua v Doessel Group Pty Ltd highlights how cautious employers should be about the nature of employment relationships. Just because you label an arrangement as that of an independent contractor, does not mean it is. And if you get it wrong, beyond the industrial relations impact, you might be liable for the tax, payroll tax and workers compensation payments that should have been made.
To learn more, visit https://mcfillin.com.au/ or book an appointment with our team in Stafford, Queensland.
Source: McFillin Accounting
Filed Under: Business
0 Comments
Latest on eTradeWire News
- S.E,Gregg's Radio Interview On "Pursue Your Passion"
- "We Got Your Back: A Dynamite Six Saga" Will Fill Your Teen's Needs and Their Holiday Gift Lists!
- Check out new wave books from trail blazing artist Suave_uk
- Mounts Botanical Garden of Palm Beach County to Host 21 More Healthy & Hoppy Events in December
- Francisco Valverde's Chromatic Resonance Opens December 19 at DTR Modern Gallery
- Saving Lives in Schools: The Urgency of CERP Legislation
- BusinessQ: artificial Intelligence for Clover with DRS Payments
- Holiday Special VIP Biz To Biz Networking Membership
- Take Home This 2005 Ford GT Supercar – "America's Ferrari Killer"!
- Shilajoy Launches Pure Shilajit Resin: The Gold Standard in Natural Wellness
- AAA Carpet Cleaning: Keeping Las Vegas Carpets Clean While Supporting Our Community
- Suddenly Silent and Still: Finding Joy and Meaning Through Illness
- Saratoga Stalls to Attend Desert International Horse Park Show Season – December to March
- Dunhamade Inspires Creativity with New Blog Post
- Florida Arts Non-Profit Arts Emposered, Inc., Awarded $1,000 Grant to Boost Its Marketing Efforts
- Kxng Nosa Teams Up with Coaction Group: A Melodic Journey Toward Empowerment and Change
- Breaking Music News: Taylor Swift Crowned Spotify's Global Top Artist of 2024!
- Rising Stars Romulus First Debuts Genre-Bending Album "Reality"
- OneHouse Global: Here We Grow Again - The Dallas Takeover!
- B2B Success for Regenerative Medicine Providers