The first step in putting a Contractor Agreement in place is to work out whether you are truly setting up a true contractor relationship.
The Fair Work Act contains Sham Contracting provisions that impose heavy penalties for any business entering into a contractor agreement with someone who is not truly a contractor. And no, it is not simply a matter of agreeing that the relationship is going to be a contractor relationship or getting the individual to obtain an ABN.
These issues have been considered by Australian courts, right up to the High Court.
We can provide you with expert advice on the risks of entering into a contractor agreement and how a working relationship can be structured if you want to ensure that you not going to breach the Sham Contracting laws.
For those genuine contractor relationships, we can prepare a contract that is tailored to your circumstances, protects your business interests and ensures that any potential problems or disagreements have already been taken into account when preparing the contract.
Don’t just rely on downloading a template agreement. Contact us for expert advice before you give anyone a Contractor Agreement to sign.