Contract Negotiations and Advice

Contract negotiations and advice

Because independent contractors do not have many of the protections available to employees, the terms of their contracts are paramount. Turner Freeman can assist.

Unlike employees, independent contractors don’t have the protections of awards or enterprise agreements.

Independent contractors

Unlike employees, independent contractors don’t have the protections of awards, enterprise agreements or the Fair Work Act. With some protections they law regards them as negotiating on an equal basis with principal contractors, even though often the difference in bargaining power is the same as it is for employees.

For most independent contractors the terms of their arrangement are at least partially in the form of a written contract. It is important that these contracts fairly represent the agreement reached, and protect the parties positions.

Legal advice

The contracts will often be prepared by lawyer retained by principal contractors. Small and independent subcontractors should obtain their own, independent legal advice as to issues such as:

• the meaning of effect of contractual terms and obligations
• potential risks and dangers in proposed contracts;
• protections in the contract in relation against unilateral termination, imposed capital expenditure and other similar terms;
• terms that not included in the contract that should be included.

Turner Freeman Lawyers has expertise in provide straightforward, pragmatic advice in a cost effective manner.