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Employee or Contractor Decision Tool

The decision tool is provided by the ATO to help you understand whether individual workers are employees or contractors.

Workplace Information

Download the current Fair Work Act 2009

Independent Contractors Act

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Sole Trader Business Services Agreements - Contractor contract - Independent Contractors Agreement

In certain circumstances, businesses find it practical to contract work out to independent contractors rather than hire employees. 

This may the case for one-off projects that achieve a specific result or projects of a limited nature or duration that require persons with specialist skills and expertise. 

The Sole Trader Contractors Agreement is a Contractors Agreement between a principal (usually a business or organisation) and an independent individual sole trader contractor.  If the contractor you are dealing with is an incorporated company and not an individual, see our Incorporated Contractors Agreement.

This agreement sets out the rights and obligations of the principal and the independent contractor. 

It allows you to negotiate and define the terms and conditions of the relationship up front.  By taking the time to set out the exact nature of the arrangement the possibility of any future misunderstandings or disputes are minimised. 

This document includes clauses to protect the principal’s business interests while allowing the principal to maintain a healthy ongoing relationship with the contractor.

Contractor or an Employee?

The ATO actively scrutinises whether contractors are actually employees.  Although there are many circumstances where it is lawful for a business to engage an independent contractor, the law seeks to ensure that employees are protected from being treated as independent contractors when they should be in fact be an employee.

Factors that point towards a person being an independent contractor are where an independent contractor:-

 

In contrast, employees perform their work under the direction and control of their employer, and generally on an ongoing basis with standard set work hours (with the exception of casuals).

Sole Trader Contractor Contract Template Download

contractor contract template download

 

RP Emery & Associates supply the following professionally drafted Contractors Agreements

Contractors Agreement (where the work is being contracted to a Sole Trader)

Contractors Agreement (where the work is being contracted to a Company)

Consultancy Agreement (ideal where the consultant/contractor will be drafting and presenting an Agreement to the principal)

All of our documents are available for immediate download.  Simply follow the link below to purchase the document you require. 

Plus, when you purchase one of RP Emery & Associates professionally drafted templates, you will have access to all later updates of the document.  And you can use the document again and again.  Simply edit the document, save and print!

Sole Contractor Agreement Template Download

contractor contract template download

 

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