s357: s 357 Do not misrepresent employment as independent contracting
A person that employs, or proposes to employ, an individual does not represent that the employment contract is a contract for services under which the individual works as an independent contractor, unless it proves it reasonably believed at the time that it was a contract for services, having regard to the size and nature of its enterprise and other relevant matters.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s357. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Worker classification assessment for each contractor engagement applying the employment indicia; Legal advice supporting the reasonable belief for contractor engagements; Contractor register with ABN and engagement terms
What usually goes missing
Workers treated as contractors while working full time under direction on the employer's roster; ABN required as a condition of engagement for ordinary roles; No documented classification assessment
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.