FWC Says 2026 Contractor Controls Do Not Automatically Create Employment Relationship
Updated
Updated · HRD America · Jun 24
FWC Says 2026 Contractor Controls Do Not Automatically Create Employment Relationship
1 articles · Updated · HRD America · Jun 24
Summary
Australia’s Fair Work Commission dismissed a psychologist’s claim that Mind Matters had employed and then dismissed him, finding the February 2025 dispute remained a contractor arrangement under a December 2023 agreement.
FWC said requiring a contractor to work at certain times or places, meet standards, and complete administrative tasks does not by itself amount to employer control over the substance of the work.
Deputy President Boyce found the psychologist’s supervision stemmed from registration requirements, not employment status, and said evidence did not show KPIs had been imposed.
The ruling also turned on practical autonomy: the psychologist controlled his calendar, could block out time, and therefore retained effective control over whether clients could book him.
For businesses using independent contractors, the decision clarifies that operational direction and integration into a principal’s systems can still be consistent with a genuine contractor relationship.