All employers are obliged to take out workers’ compensation insurance for each of their workers. In this respect, it is important to have a clear understanding of the definition of ‘worker’ under the Workers’ Compensation & Rehabilitation Act 2003 (Qld) (‘the Act’).
Why you need to know the difference
The method by which a worker is engaged can have several legal ramifications. The terms of engagement impacts the type of obligations owed to the worker (such as pay and conditions), as well as their entitlements in the event the worker is injured.
Recently the Federal Court of Australia upheld an earlier judgment which had held that workers, employed as casuals, were entitled to paid leave.
Every four years, the Fair Work Commission reviews modern awards. The effect of the Commission’s most recent review (in July 2019), was that the annualised salary arrangements set out in 19 modern awards, set out below, will be changed.