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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 2006

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

Contractor Contract Template Download

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.

A Contractors Agreement is an important document that sets out the rights and obligations of the principal business and the contractor. By having a Contractors Agreement in place, the terms and conditions of the relationship can be negotiated and defined up front to spell out the exact nature of the arrangement. This can minimise uncertainty and potential disputes in the future. This document includes clauses to protect the principal’s business interests while at the same time allowing the Principal to maintain a healthy ongoing relationship with the contractor.

What is the difference between a Contractor and an Employee?

It is important to understand the fine line that can sometimes separate a contractor from actually being an employee. If you are in doubt, we recommend that you familiarise yourself with the ATO’s ‘Employee or Contractor Decision Tool’ link on the bottom left hand side of this page before making this decision.

Things 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).

This Independent Sole Trader Contractors Agreement has been professionally drafted to spell out the exact nature of the arrangement, defining the rights and obligations of the parties involved. It includes strict restraint, confidentiality and intellectual property provisions to bind the contractor while still providing the foundation for a healthy ongoing relationship.

The document specifies that the payer agrees to engage the contractor as a Sole Trader on an independent contractor basis.

This Independent Contractor Agreement Template is 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!

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This contract is also available in a complete solutions pack containing the following;

  • Full time Employment Agreement - Our Full time Employment Agreement is suitable for all employees employed under a modern award where the standard award entitlements apply.


  • Casual Employment Agreement - This up to date Casual Employment Contract is suitable for casual employees employed under a modern award where the standard award entitlements apply.


  • Permanent Part-time employment Agreement - This up to date Permanent Part-Time Employment Contract is suitable for part time employees employed under a modern award where the standard award entitlements apply.Part-time employees work less hours than full-time employees and receive all the entitlements of full-time employees but on a proportional basis


  • Fixed Term Employment Agreement - This up to date Fixed Term Employment Contract is suitable for Fixed Term employees employed under a modern award where the standard award entitlements apply.


  • Individual Flexibility Agreement is an employment contract between a single employer and employee that modifies the application of a Modern Award or enterprise agreement.


  • Sole Trader Contractor Agreement and Incorporated Contractor Agreement - These Two Contractor Agreements defines the terms and conditions under which a company engages the services of a the contractor. The documents protects the company or payer and binds the contractor through the inclusion of restraint, confidentiality and intellectual property provisions.


  • Employee non-compete agreement
    This agreement prohibits an employee from competing with the employer once s/he has left the employer’s service.


Each employment contract comes with a unique and comprehensive easy-to-follow users guide.  The guide will walk you through the whole process to make sure you have the correct agreement which is fully compliant under the Fair Work Act.

Australian tax office Approved 100 % Tax deductable

Download Your Complete Employment Contract Solutions Pack Now!

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