It is important to understand the difference between whether a worker is an employee or a subcontractor as different obligations apply.

For example, if a worker is legally an employee but they are instead engaged as a subcontractor, they may be entitled to claim for unpaid leave entitlements, penalty rates and superannuation.

A subcontractor is not an employee, but rather a worker running their own business and providing services that usually include their labour, tools and expertise. Employment laws and WA awards do not apply to subcontractors. 

It is important when assessing whether a worker is an employee or a subcontractor to consider all of the relevant factors in the working arrangement.

Wageline has developed an Employee or Subcontractor checklist which will assist in understanding the key aspects of these different working arrangements.