WORKPLACE RELATIONS ACT 1996 - SECT 900 Misrepresenting an employment relationship as an independent contracting arrangement

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 900

             (1)  A person contravenes this subsection if:

                     (a)  the person is a party to a contract with an individual; and

                     (b)  the person makes a representation to the individual that the contract is a contract for services under which the individual performs work, or is to perform work, for the person as an independent contractor; and

                     (c)  the contract, as in force at the time of the representation, is a contract of employment under which the person is the employer of the individual, rather than a contract for services under which the individual performs work as an independent contractor.

Note:          In this subsection, employer and employment have the meanings given by subsections 6(1) and 7(1) respectively.

             (2)  A person does not contravene subsection (1) if the person proves that, at the time the person made the representation concerned, the person did not know that, and was not reckless as to whether, the contract was a contract of employment rather than a contract for services.

Note:          In this subsection, employment has its ordinary meaning--see paragraph 4(2)(pa) of Schedule 2.

             (3)  Subsection (1) is a civil remedy provision.

Note:          Division 3 of Part 14 contains other provisions relevant to civil remedies.