Contractor vs Employee: A New Approach?

Applying the High Court decisions in practice

Practical implications of recent High Court decisions
Arrangements that are at risk
The essential steps to protect clients

A Live Instructor Led Webinar

Determining whether a worker is classified as an employee or contractor can be an incredibly difficult process and businesses can be exposed to significant penalties if they make a mistake in this area.

Two recent High Court decisions demonstrate how important it is to approach this area carefully and potentially shift the way we need to approach the employee / contractor distinction. Kristen Lopes, employment law specialist from Colin Biggers & Paisley Lawyers, joins us to analyse the High Court decisions and offer practical insights into how employers should be approaching this area.

We also look at the ATO’s response to the recent High Court decisions and how the ATO approaches this area. The ATO has a strong incentive to monitor this area closely as SG liabilities and penalties can accumulate very quickly when an employer fails the classify workers correctly.

In this pragmatic webinar we help you identify arrangements at risk of triggering significant liabilities for businesses and work through the steps that need to be taken to minimise that risk. This is an issue that is not going away any time soon.

Knowledge Shop members, login for the discounted rate.

Total 1.5 CPD Hours est.

Details

Recorded: 12 May 2022

FPA accreditation pending

Terms & conditions: All registrations to Knowledge Shop events are subject to our terms and conditions which include a cancellation policy. No refunds are provided for cancellations received 1 day prior to the webinar. No credits are available less than 2 hours prior to the event under any circumstances.

*Office Registrations. Maximum 20 participants per firm (must have same email domain). The PD points for all attendees will be recognised and links will be provided to all attendees.

What we cover

All businesses should be reviewing arrangements with contractors given recent developments in this area. The webinar will cover:

What's included?

  • 1 x 1.5 hour (est.) webinar
  • 3 month access to Q&A embedded webinar recording
  • Reference notes
  • What are the key factors that need to be considered in determining whether a worker is treated as an employee?
  • What are the Courts and AAT saying at the moment on this issue?
  • What steps should employers be taking to reduce risk?
  • Can a business contract out of its SG obligations?
  • How far back can the ATO go to recover SG liabilities?
  • Can workers operate through companies or trusts to avoid SG obligations?
  • Can businesses with SG problems just shut down and start fresh with a clean slate?
  • What other problems can arise when contractors are engaged?

Our presenters

Tax Director, Knowledge Shop

Michael Carruthers

Michael CarruthersMichael is an adviser, author, in demand presenter, mentor to Knowledge Shop’s technical team, and is well known for his capacity to translate highly technical information into tangible and useable advice for the profession. He has a knack for seeing through the complexity and helping advisers work through highly technical issues with certainty and accuracy.

Michael works with advisers every day to help them negotiate and implement the constant tide of change impacting the industry. He is a member of the advisory panel for the Board of Taxation and is a member of the reference group for the Board’s review of small business concessions.

He was also an expert panel member for the Board’s review of tax impediments facing small business.

Partner, Colin Biggers & Paisley Lawyers

Kristen Lopes

Kristen LopesKristen Lopes is a partner in the workplace relations team with expertise in employment, industrial relations and human rights law. She has experience in matters of both a litigious and non-litigious nature.

Kristen represents clients in a large number of industries including the service, retail, financial, insurance, manufacturing, clubs, healthcare, education and not-for-profit sectors. She also has extensive experience speaking at conferences and conducting client seminars on workplace issues.

Kristen regularly advises employers on legislation relevant to the workplace, including the Fair Work Act 2009 (Cth). In addition, she assists employers to deal with issues arising from employment contracts, the interpretation of industrial awards and related instruments, privacy issues, termination and restructuring strategies, return to work and workplace policies.