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Don't get Trapped in the Labour Maze - Part 1

Published on 18 Nov 2004 | Took place at City West Function Centre, West Perth, WA

Western Australia has one of the highest rates of small business ownership in the world and an increasing reliance on flexible work practices - particularly in the service sector.

With labour-related taxation issues the subject of increasing audit focus by both the ATO and the Office of State Revenue, there has never been a more important time to ensure that advisors are fully informed of the current issues and decisions in employment law and related taxation issues.

This session explored various areas of employment law and their relationship to taxation issues from the employer perspective.

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Individual sessions

Developments in tax issues from an employer perspective

Author(s):  Tanya ROSS-JONES

This paper examines the current state of play in a number of areas of taxation relevant to employers of staff and independent contractors. Issues covered include:

  • PAYG withholding
  • fringe benefits tax
  • superannuation guarantee
  • pay-roll tax
  • Workcover
  • personal services income
  • employee share and option plans.
Materials from this session:

An overview of the distinctions between employees and contractors

Author(s):  David PARKER,  Will SNOW

This paper focusses on identifying when a worker is an employee and when they may be classed as an independent contractor. Issues discussed include:

  • the traditional common law test
  • putting the question in context - unfair dismissal laws, employee entitlements, employer liability
  • recent developments in the application of the test by courts and tribunals
  • the vexed question of labour hire contracts - just who is the employer?
  • the developing concept of 'joint employment'
  • managing the risks.
Materials from this session: