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19 Apr 1010 Worker was an employee for SGC purposes - Brilliant

The AAT has held that a worker was an employee, not a contractor, for the purposes of the Superannuation Guarantee (Administration) Act 1992 (the Act). The AAT came to its conclusion having considered each of the indicia of control, integration, results, delegation, terms of engagement and risk. Alternatively, the worker fell within the extended definition in s 12(3) of the Act as, with reference to his duties, his engagement was principally for his labour: Brilliant and FCT [2010] AATA 267 (AAT, Ettinger SM, 16 April 2010).


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