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How do you determine if a worker is an employee or a contractor?
Many businesses enjoy the flexibility of engaging contractors for certain projects or to assist during busy periods. However, confusion often arises as to whether these so-called contractors are regarded by the law as such. Whether a person is a contractor or an employee will be a question of fact to be determined on a case-by-case basis, taking into account all the relevant factors of the relationship.
Tips on avoiding sham contracting arrangements
Businesses are increasingly getting caught out by the Fair Work Ombudsman on sham contracting arrangements. Below are some tips on how to avoid sham contracting arrangements.
Ai Group lodges appeals to preserve workplace flexibility
Australian Industry Group has lodged three Fair Work appeals recently in an endeavour to preserve workplace flexibility.
Product warranties - do they really protect?
The value of warranties can be well described by a famous speech by US Senator George Graham Vest in an address to a jury about the fidelity of dogs: “He guards the sleep of his pauper master as if he were a prince ... if fortune drives the master forth, an outcast in the world, friendless and homeless, the faithful dog asks no higher privilege than that of accompanying him, to guard him against danger, to fight against enemies.”
US EPA targets electrical industry for financial obligations in clean-up of environmental releases
The electric power generation, transmission and distribution industry in the US was one of three industries identified by the EPA as potentially being required to provide financial assurances to fund the clean-up of environmental releases.
The contractor ‘killing fields’ - life, death and liability for a contractor - Part 3
Under OHS legislation, employers have a statutory duty to secure the health, safety and welfare of employees and third persons working at or near their workplace.

Feature (3)

The contractor ‘killing fields’ - life, death and liability for a contractor - Part 2
The implications of the Fair Work Act on contractor relationships.
The contractor ‘killing fields’ - life, death and liability for a contractor - Part 1
Part 1 - Defining independent contractor relationships. The use of independent contractors is a common business practice around the country, often perceived as a flexible and low-risk alternative to engaging employees. But many of the obligations and duties owed to employees under Industrial Relations and OHS legislation extend to independent contractors as well.
NECA concerned over government's OHS review
NECA, through its NSW chapter, is to make formal written submissions to the review panel established by the Australian government to examine how to harmonise Australia’s OHS laws.

News (5)

Harting takes legal action against Chinese copies
Electrical and electronic connector manufacturer Harting has won a court case in China over copied products.
High Court ruling offers ray of hope for OHS laws
The recent High Court decision in the case of Kirk v IRC of NSW and WorkCover has been welcomed by NECA.
ACT government takes stand against ‘sham’ contracting
A recently released Bill in the ACT endeavours to prevent employers engaging in ‘sham’ contracting to avoid their legal obligations to workers.
NECA welcomes new SA Security of Payment Bill that will protect contractors
The NECA South Australia Chapter has applauded the passage of a new bill to guarantee security of payment for the construction industry.
Program to raise awareness of counterfeit electrical products
Eaton Corporation is collaborating with Electrical Safety Foundation International to build awareness of counterfeit electrical product dangers.

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Legal issues

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