Independent contractors and the construction industry: some employment law and further legal perspectives

[Extract] What is genuine contracting? • Go to Common Law and factual substance • Therein lies the difficulty? • Stephens v Brodribb (1986) 160 CLR 16; • Hollis v Vabu (2001) 207 CLR 21; • Sweeney v Boy/an Nominees (2006) 222 CLR 161 Contractor - commercial relationship - entrepreneurial. • Sell their skills and labour to those who bid, work for numerous, election to be contractor, control over selves, ABN? Employee - totality of the relationship and within that totality, control is an important part. Hence: • tied to one employer; control of work direction; emanations; tax, superannuation, exclusive service. • Legal intervention on hunam rights grounds Significance of Distinction: • 1. DUTIES owed eg tax, superannuation (although note superannuation rulings) • 2. LIABILITY - employer is liable for employee wrongs (and wrongs of agent), but independent contractor is liable for self