s358: s 358 Do not dismiss an employee to re-engage them as a contractor
An employer does not dismiss, or threaten to dismiss, an employee who performs particular work in order to engage the individual as an independent contractor to perform the same or substantially the same work under a contract for services.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s358. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Restructure records showing the reasons for converting roles to contracts; Legal review before any employee-to-contractor transition; Register of former employees re-engaged as contractors
What usually goes missing
Employees told to obtain ABNs to keep their jobs; Same work performed by the same person under a contract; No legal review of the transition
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.