On 1 March 2007 the Independent Contractors Act 2006 and the Workplace Relations Legislation Amendment (Independent Contractors) Act 2006 came into effect.
Together these two laws protect the freedoms, rights and entitlements of independent contractors.
The independent contractors laws:
- stop state laws from requiring independent contractors to be treated as if they were employees
- establish a three year ‘transitional’ period during which existing state laws may still apply to existing contracts
- keep state laws protecting textile, clothing and footwear outworkers
- do not affect New South Wales and Victorian laws specifically dealing with owner-drivers
- replace New South Wales and Queensland unfair contracts laws with a new federal unfair contracts jurisdiction
- make it illegal for an employer to disguise an employment relationship as an independent contracting arrangement, and
- make it illegal for employers to threaten or mislead employees to get them to change their status to independent contractors.