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Home | Employment & Industrial Relations | Independent Contractors | Contractual Negotiation & 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.

Contact us

Call (08) 9325 0900 to speak with our dispute resolution lawyer Timothy Kucera in Western Australia or get in touch with us via our online enquiry form. Alternatively, come and visit us in our Perth CBD office.

FAQ

Meet our employment law specialist

Timothy Kucera is a Lawyer at Turner Freeman’s WA office with extensive experience in employment and industrial law.

Admitted as a lawyer in 1999, Tim has been working for trade unions and workers in the manufacturing, food construction, mining and transport industries for over 20 years.

His expertise include all aspects of employment law and industrial law. Tim worked for the AMWU, CFMEU as well as other WA unions during his career.

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