Are you really a contractor, or is your boss dodging super and tax on your pay?
For workers paid on an ABN, or told 'you're a subbie, mate' without a real say in how, when and where they work.
Sound familiar?
- “You're paid on an ABN but told when to start, what to wear, and how to do every job.”
- “'You're a subbie, mate' — but you've worked for the one builder for two years straight.”
- “No super, no leave, and you're starting to wonder if that's actually right.”
What this tool does
Runs through the multi-factor test the ATO and the courts use to tell an employee from a contractor — control, whether you can delegate the work, who carries the financial risk, and whether you're genuinely running your own business. It explains the reasoning in plain English.
Question 1 of 15
1. Are you told what time to start and finish each day?
What the law actually says
- •There's no single test — the ATO and Fair Work weigh up the whole relationship, and since the 2022 High Court decisions the terms of your written contract carry real weight.
- •Calling someone a contractor doesn't make them one. Sham contracting — disguising employment as contracting to dodge super, leave and award pay — is illegal and carries penalties.
- •Guidance only, not legal or tax advice.