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103380
Individual Podcasts

Employee or Contractor? With Plenty of Cases and ATO Guidance, Uncertainty Remains the Certainty

Determining the status of a worker can sometimes be an extremely complex task, which can have a significant impact on so many fronts. This session explores the issues and walks you through recent guidance material and cases, including: How recent court decisions have impacted o
PRESENTED BY Fletch Heinemann Partner - Cooper Grace Ward Lawyers , Brisbane

Date/Time

About the Podcast

Determining the status of a worker can sometimes be an extremely complex task, which can have a significant impact on so many fronts. This session explores the issues and walks you through recent guidance material and cases, including:

  • How recent court decisions have impacted on the employee/contractor decision making, including:
    • the labourer (CFMMEU v Personnel Contracting [2022] HCA 1)
    • the truck drivers (ZG Operations v Jamsek [2022] HCA 2)
    • the lecturer (JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76)
  • What impact the proposed changes to the Fair Work Act 2009 would have – and whether this would affect tax and superannuation compliance obligations
  • The rules for deeming a contractor an employee for superannuation purposes
  • The ATO’s compliance approach and the risk zones (PCG 2022/D5)
  • The implications for getting the decision wrong
  • How should practitioners approach the issue for contentious situations?
  • Practical examples by industry, including:
    • the gig economy
    • the medical profession

Presented By

Fletch Heinemann
Partner, Cooper Grace Ward Lawyers Brisbane, QLD

Fletch Heinemann is one of the partners in Cooper Grace Ward’s tax team. He specialises in tax disputes and litigation. Fletch’s technical specialisations include income tax, GST, payroll tax and customs duties. In managing clients’ tax and customs disputes, Fletch helps with the audit stages, ATO interviews, notices of objection, appeals in the AAT, QCAT, Federal Court and Supreme Court. Fletch draws on this experience to provide upfront practical tax advice across a range of commercial issues.

CPD Information

0.5 CPD hours

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 8601 7700 or email: [email protected]

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