"THE PARTIES CANNOT CREATE SOMETHING WHICH HAS EVERY
FEATURE OF THE ROOSTER, BUT CALL IT A DUCK AND INSIST THAT
EVERYBODY ELSE RECOGNISE IT AS A DUCK."
Recent decisions of the Federal Court and Fair Work Australia
have clarified the test that is applied to determine whether a
worker is an employee or a contractor. These decisions have found
that persons who had, for some time, been engaged as independent
contractors were employees. Coupled with the increasing vigilance
of regulators to stamp out the practice of sham contracting, these
developments have put companies on notice that their independent
contracting arrangements may be the subject of scrutiny.
It is essential, therefore, for companies to review their work
arrangements with independent contractors and seriously consider
converting independent contracting arrangements to employment
arrangements in doubtful or marginal cases and, of course, in cases
where the work relationship is clearly an
