The cases which are regarded as the leading authorities on the issue of whether a person is an independent contractor or employee are by and large verbose and technical. However in the following Fair Work Commission case, an extract of which I am citing, the matter is put very succinctly and without unnecessary verbosity.
“The relevant authorities have made clear that the approach to be adopted in determining whether a person is an employee or an independent contractor depends upon whether the person carries on a trade or business on his or her own behalf, or whether the person is the servant of another in that business. In addition, the nature of the work performed, and the manner in which it is performed, will be critical to this determination, and the parties cannot alter the true nature of their relationship by simply describing it in a different way……………………….It appears that Mr Qureshi was simply providing his time and his labour. He had no control over the work that was given to him. He was simply required to drive a company vehicle to the destination allocated to him, he wore a company uniform, and he acted at all times at the direction of the business. He was also paid in a way that was typical of an employment relationship, with payment being related precisely to the number of hours worked.”
Qureshi v Extragreen Holidays (Aust) Pty Ltd (2018) FWC 3939 delivered 3 July 2018 per Gregory C