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CG
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Thanks, Scott.

Yes, I’d already checked all that on the ATO site. He did start off genuinely freelancing for them from home on his own computer but as the nature of the work changed it was agreed that it needed to be done on site, with access to their database and interacting with other staff, and the hours gradually increased. So his status as contractor rather than employee could be a historical accident, but more likely they want to be able to pay him a fixed hourly rate, irrespective of award rates and with no leave or holiday pay.

But what they are now asking is more like salary sacrifice into super than an employer’s statutory super contribution for an employee. For the moment he’s stalling by delaying giving his super fund details, but what legal rights does he have not to be forced into new terms of contract that are to his detriment, by an employer manipulating their statutory responsibility?