Small and Medium Sized Enterprises in Wollongong and the Illawarra now have certainty of who is an independent contractor and who is an employee
HR/IR Solutions are experienced Human Resources Consultants (HR Consultants) and Industrial Relations Specialists who are up to date on all changes on Workplace Law and Workplace Policies and Procedures that can benefit Small and Medium Enterprises (SME) in Wollongong and the Illawarra.
The High Court of Australia has found that proper and comprehensive independent contract agreements that are signed by all parties will ensure that contractors have no rights to claim overtime, penalties, annual leave notice and make an unfair dismissal claim.
The Court considered the following facts – the employee was an employee on Friday but on Monday signed an independent contractor agreement that stated the employee needed to follow directions, did not have plant and equipment, was paid the same hourly rate and was not carrying on a business. The Court found this contract was a sham contract (see CFMEU vs Personnel Contracting).
What should SME’s in Wollongong and the Illawarra do to solve their Human Resources and Industrial Relations problems?
HR/IR Solutions can be your off-site or on-site Human Resources Consultant and Industrial Relations Specialist for the following:
- Review all your business’s independent contractor agreements;
- Develop new independent contractor agreements that suit your business and comply with the recent High Court rulings and ensure they are implemented;
- Carry out a Human Resources health check for your business and identify any Industrial Relations problems.
John Morrissey is happy to talk to you about your Human Resources and Industrial Relations issues. We offer a comprehensive HR health check for small and medium sized businesses in Wollongong and the Illawarra.
Call John on 0407 069 507
Visit: HRIRsolutions.com.au
Email: John@HRIRSolutions.com.au
