03 July 2020
Employment law - Company as employee or contractor of another company
Can a company be an employee of another company? If not, must it be a contractor?
Thank you for the question.
For the purposes of the Fair Work Act 2009 (Cth), a company cannot be an employee of another company.
Not being an employee does not necessarily imply the working arrangement is that of a contractor. According to the Australian Taxation Office’s Employee/contractor decision tool, a company that works for another company may simply be entering into an agreement with another company other than as a contractor.
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