Consistencies, inconsistencies and anomalies in Australian federal, state and territory legislation governing employer-employee relationships, in particular the employee-contractor distinction, with a proposed solution

  • Peter John Klomp

    Student thesis: Professional Doctorate


    This thesis is concerned with the nature of employment-type relationships that currently exist in Australia, with specific regard to the meaning of the terms 'employer,' 'employee,' and the 'employer-employee relationship, and the extent to which the employee-independent contractor dichotomy is respected. This thesis seeks to show how current legislation at federal, state and territory level is largely inconsistent in defining key terms; to explain why this is problematic; and to propose a workable solution. An examination is made of the common law as it currently stands, followed by an investigation of federal, state and territory revenue, superannuation, workers' compensation and employment laws that govern or affect employer-employee and principal-contractor relationships. The thesis recognises that there currently exists no comprehensive solution to the problems plaguing the employee-contractor dichotomy, and an all encompassing solution is proposed. The solution presented moves away from the traditional common law approach, rejects a statutory definitional approach, and instead adopts the principles of the Torrens Title system to land ownership in Australia. Following this proposed solution, alternate models and arguments are compared and contrasted.
    Date of Award2006
    Original languageEnglish
    SupervisorMark BURTON (Supervisor)

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