Trouble shooting in 2008: federal independent contractor legislation under the Rudd Government

Abstract

This article examines the topical issue of federal independent contractor legislation under the Rudd Government; in particular, why the Rudd Government has so far retained and will likely continue to adopt the former Liberal government’s independent contractor laws of 2007. It also explores several concepts arising from these laws which are especially relevant to the construction industry, including the common law definition of "employee", sham contracts, drafting of contracts, union activity, corporate group structures and security of payments, and group contractor activity.