Am I an employee or independent contractor?


Employees work for another person under a contract of employment in return for regular pay. They will usually also be subject to an award or agreement.

Independent contracting is where one business works for another business. Generally, independent contractors will use their own equipment, choose the hours they work, and decide how the work is done.

Some employers disguise employment relationships as an independent contracting arrangement to avoid paying legal minimum rates of pay, tax, and entitlements like annual leave and sick leave. This is called ‘sham contracting’ and it is against the law.

For more information on independent contractors, visit 

If you feel at any point your workplace is not treating you fairly, you can access a range of multilingual resources on the FairWork website or contact them directly via phone or email. FairWork also have a free translating and interpreting service if you feel more comfortable speaking in your first language.

You can also make an appointment with the Student Wellbeing team at Holmesglen who can provide you with free support.