The Better HR Contract Wizard has been updated to help employers ensure full compliance with Australian laws.
Our Independent Contractor Wizard now includes a question to confirm who will pay any compulsory superannuation contributions.
If an employer fails to confirm who pays super in an agreement they could be held liable for these payments if the contractor is deemed to be an employee for super purposes by the Australian Taxation Office.
Under the ATO definition, if a contractor is paid wholly or principally fors labour, they are considered an employee for super purposes and entitled to super guarantee contributions under the same rules as employees.
A contract may be considered ‘wholly or principally for labour’ if:
- you’re paid wholly or principally for your personal labour and skills
- you perform the contract work personally
- you’re paid for hours worked, rather than to achieve a result.
We therefor recommend that all employers make it clear in Independent Contractor Agreement who will pay
We recommend you therefore clarify in the Independent Contractor Agreement who will pay any compulsory superannuation contributions.