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employee contractor distinctionconstruction
Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd
(2022) 275 CLR 165
Key Principle
Where the rights and duties of the parties are comprehensively committed to a written contract whose validity is not challenged as a sham, whether a worker is an employee or an independent contractor is to be determined by the legal rights and obligations created by that contract, not by a wide-ranging review of the subsequent conduct and 'totality' of the relationship.
Area of Law
employment
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