Are my developers independent contractors or employees?

Misclassifying a software developer as an independent contractor when they are legally an employee is a severe compliance risk. While the High Court in CFMMEU v Personnel Contracting previously prioritised the written contract, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) introduced a statutory test requiring an assessment of the real substance and practical reality of the relationship. If a developer works full-time for your startup, uses your equipment, and cannot delegate tasks, they are highly likely to be deemed an employee, triggering superannuation and leave back-pay liabilities.

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