Episode 13

The Employee v's Contractor Question

Published on: 8th September, 2024

Welcome to this weeks’ episode of The Australian Small Business Show!

Today is Part 1 of a 3 part series we are bringing you on the recent Closing the Loopholes Act which delivered a raft of changes to the Fair Work Act and our Industrial Relations laws.

Today we are tackling the question: is the worker an employee or contractor.

This is a topic that has been an ongoing debate, and lots of employers have been hiding behind non-existent loopholes, or assuming they can make their own rules when it comes to this issue. The truth is that isn’t going to fly anymore, and now is the time to revisit any contractor arrangements you have and make changes.

In this episode, we start by looking at the definition of an employment relationship, and particularly what defines a relationship between and employer and employee versus that of a client and supplier or contractor.

We discuss the various factors to consider when engaging a new worker in order to determine whether they are an employee or a contractor, the importance of getting it right from the outset and where to get advice from about this complex issue.

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* Disclaimer: The information shared on The Australian Small Business Show is general in nature and does not constitute professional advice, legal or otherwise. We recommend consulting with your advisors on your specific circumstances

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About the Podcast

The Australian Small Business Show

The Australian Small Business Show has been created by small business owners, for small business owners.

Your hosts Matt Heighway and Kristy-Lee Billett, who have both been running businesses for over 15 years, will bring our first hand experiences to offer insights, advice and inspiration to help you build a successful small business.

Each week we’ll discuss one specific strategy, topic, resource or tip that’s relevant for every small business, and we’ll be inviting along some amazing guests and friends in business to share their expertise with you.

Whether you're starting out, scaling up or a seasoned small business owner, this Australian Small Business Show is the show for you.

About your hosts

Kristy-Lee Billett

Kristy is a nationally recognised HR expert, passionate small business advocate, podcast host, mum, wife, beach lover and runner.

She has spent more than 20 years now working in the field of Human Resources, People Management and Recruitment.

For the last 10 years she has dedicated herself to exclusively supporting small to medium sized businesses, those who employ less than 100 staff with all aspects of their HR, recruitment, people management and resource structures.

She founded her first business in 2006, and today she continues to direct this business, which is now known as People Powered Business.

Today She loves working with businesses inside our People Powered HR community to help them gain the knowledge, tools and resources to handle absolutely anything when it comes to their teams, with complete confidence.

Matt Heighway

Matt is a CPA who has been working with business owners in multiple capacities for well over two decades. After commencing his career as an Accountant and Business Adviser, his own national start-up won numerous business awards and was featured in BRW fast 100. Since the business sold, he has been working with small-medium business owners helping them with business growth strategies and holistic business coaching.

Matt also is the Director of Lifetime SMSF, an accounting practice that specialises in Self-Managed Super Funds. Helping Australians manage their retirement nest eggs has been a lifelong project for Matt and he continues to get joy from helping.

Matt is a lifelong learner who loves to chat with other business owners. he is passionate about small business and always wants to see them win. He is at his best when things need turning around though, and gets his motivation helping small business owners come back from a set back.