July 2018 | Call for Fair Work laws to use superannuation definition of 'employee'

Date: 18 July 2018

Source: The Sydney Morning Herald 

Unions will push for the definition of an employee under the Fair Work laws to be expanded to reflect the definition used in superannuation legislation.

Speaking ahead of the ACTU national congress in Brisbane this week, secretary Sally McManus said the nature of work, including the gig economy and franchising business models, has developed in a way that gets around workers' rights.

"Our policy is about updating or renovating our IR laws so they are relevant for today," she said.

Ms McManus said the definition of an employee used in the Superannuation Guarantee (Administration) Act 1992 should be used in the Fair Work Act 2009.

The definition of an employee in superannuation legislation is much broader and includes contract workers. Contractors are not employees entitled to fair pay and conditions under the Fair Work Act.

The superannuation Guarantee Act also includes as an employee a person who is paid to perform or present any "music, play, dance, entertainment, sport, display or promotional activity or any similar activity involving the exercise of intellectual, artistic, musical, physical or other personal skills".

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