s359: s 359 Do not make knowingly false statements to persuade an employee to become a contractor
A person that employs or has employed an individual does not make a statement it knows is false to persuade or influence the individual to enter a contract for services to perform the same or substantially the same work as an independent contractor.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s359. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Review of communications offering contractor arrangements to current or former employees; Records of information given about tax, insurance and entitlements; Complaint records
What usually goes missing
Claims that the law requires the change to contracting; Misstatements about take-home pay; Pressure through false statements about job security
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.